BaZAR Live — Terms and Conditions of Use

Live Shopping Platform — Buyers, Sellers and Platform Users

Republic of South Africa

Version Rev 04.1

Effective Date: 2026-09-05

Important

This document is provided for information and does not constitute legal advice.

Text in square brackets [ ] is pending confirmation.

How This Document Is Structured

Part A sets out the terms that apply to everyone who uses BaZAR Live. Part B applies to buyers. Part C applies to sellers. Part D covers money: fees, payment processing, settlement and money owed. Part E covers what happens when something goes wrong: buyer protection, disputes, returns, refunds and the cooling-off right. Part F covers content, data and conduct. Part G covers liability, termination and general legal provisions. The Schedules carry the operational detail that changes most often — fees, prohibited items, service levels, timelines and thresholds — so that they can be amended without rewriting the body of the Terms.

PART A — TERMS APPLYING TO ALL USERS

1. Definitions and Interpretation

1.1 In these Terms, unless the context indicates otherwise, the following words have the meanings assigned to them:

1.2 Business days. A Business Day is any day other than a Saturday, a Sunday or a public holiday in the Republic of South Africa. Time runs in South African Standard Time (SAST, being UTC+2). Where a public holiday falls on a Sunday, the following Monday is the public holiday, in terms of the Public Holidays Act 36 of 1994. Where a period in these Terms is expressed in Business Days, the day on which the period starts is excluded and the last day is included, and the period is calculated by the App using a list of South African public holidays maintained by BaZAR Live. Where a period is expressed in hours or in days without the word "business", it runs in ordinary calendar time. Schedule D marks which deadlines run in Business Days and which run in calendar time.

1.3 Interpretation. In these Terms: (a) the singular includes the plural and vice versa; (b) a reference to a gender includes all genders; (c) a reference to a statute is a reference to that statute as amended, consolidated or replaced from time to time; (d) headings are for convenience only and do not affect interpretation; and (e) "including", "in particular" and similar expressions are not words of limitation.

1.4 Rule against the drafter. No provision of these Terms will be interpreted against a party solely because that party was responsible for the drafting of that provision.

1.5 Order of precedence. If there is a conflict between these Terms and a Schedule, the Schedule prevails in respect of the subject matter it deals with. If there is a conflict between these Terms and the separate Seller Agreement, the Seller Agreement prevails as between BaZAR Live and that Seller. Nothing in these Terms overrides a Buyer's rights under the CPA, ECTA or other applicable South African law.

1.6 Attention-drawing provisions. Certain provisions of these Terms limit the risk or liability of BaZAR Live or a Seller, create risk or liability for the User, require the User to indemnify another party, or serve as an acknowledgement of a fact by the User. These provisions appear in bold text or in shaded boxes. You must read them carefully. If you do not understand any of them, or if any of them are unacceptable to you, you must not use the App and you should obtain independent advice before proceeding.

2. Acceptance, Eligibility and Legal Capacity

2.1 By downloading, accessing, registering for or using the App, or by placing a Bid, listing an Item or completing an Order, you accept and agree to be bound by these Terms, the Privacy Policy and the Acceptable Use Policy, each of which is incorporated by reference. If you do not agree, you must not access or use the App.

2.2 You must be at least 18 years old and have full legal capacity to register, Bid, buy or sell on the App. Persons under 18 may not register for or use a transactional account, even with parental or guardian consent.

2.3 BaZAR Live may at any time require documentary proof of age, identity, address or authority, and may suspend access pending verification.

2.4 If you access or use the App on behalf of a company, close corporation, trust, partnership or other legal entity, you warrant that you are duly authorised to bind that entity, and "you" and "your" refer to that entity.

2.5 Sales on the App are intended for Buyers with a delivery address in South Africa. BaZAR Live may enable or restrict other jurisdictions at its discretion, and may block access from any territory where operating the App would breach applicable law or the rules of our payment partners.

2.6 You may not use the App if you are listed on any applicable sanctions list, if you have previously been removed from the App, or if you are acting on behalf of a person in either category.

2.7 BaZAR Live directors, employees, contractors and persons involved in operating or supervising a Live Sale may not Bid on Items in that Live Sale. A Seller, and the Seller's employees, representatives, family members or connected persons, may not Bid directly or indirectly on the Seller's own Items.

3. The Nature of BaZAR Live — Our Role and Its Limits

Key acknowledgement

BaZAR Live operates a marketplace. We do not own, hold, inspect, warehouse, ship or take title to the Items sold on the App. Each contract of sale is concluded between the Buyer and the Seller. The Seller is the supplier of record.

3.1 BaZAR Live provides a technology platform that enables Sellers to host Live Sales, enables Buyers to Bid and pay, and provides supporting services including payment initiation through Paystack, shipping quotes, order tracking, messaging, dispute administration and the Buyer Protection process.

3.2 Unless a listing expressly states that BaZAR Live is the seller of a particular Item, BaZAR Live acts as an intermediary and agent for the limited purposes of concluding the sale, initiating payment collection and administering disputes. BaZAR Live is not a party to the contract of sale.

3.3 BaZAR Live does not act as a bank, a deposit-taking institution or an escrow agent, and does not hold or control User funds. Payments are collected and settled by Paystack in accordance with clause 14 and clause 15.

3.4 Notwithstanding clause 3.2, BaZAR Live: (a) vets and verifies Sellers before they may sell; (b) sets and enforces standards for listings and conduct; (c) administers Buyer Protection, funds refunds and recovers them from Sellers; and (d) may suspend or remove Sellers, Items and Live Sales. These functions do not make BaZAR Live the supplier of any Item.

3.5 Buyers acknowledge that the description, condition, authenticity, provenance, functionality and legality of an Item are the responsibility of the Seller. BaZAR Live does not independently authenticate, appraise or test Items unless a listing expressly states that it has done so and identifies the basis of that verification.

3.6 Where BaZAR Live is nonetheless treated in law as a distributor or retailer for the purposes of section 61 of the CPA, the Seller indemnifies BaZAR Live as set out in clause 30, and BaZAR Live retains all rights of recourse against the Seller and against any importer, producer or supplier in the chain of supply.

3.7 BaZAR Live may from time to time introduce first-party sales, curated sales, consignment arrangements, fixed-price sales or authentication services. Where it does so, that will be clearly disclosed at the point of sale and the relevant supplementary terms will apply in addition to these Terms. Clause 22.5 deals specifically with fixed-price and direct sales.

3.8 BaZAR Live facilitates the buying and selling of identified goods. It does not provide betting, wagering, lotteries, games of chance, prizes or gambling services. A Bid is an offer to purchase a specific Item and is not a stake, wager or entry fee.

3.9 How a sale is concluded. A Seller presents an Item on a live stream, states its condition and price mechanics, and invites Bids. Bidding on that Item runs for a period controlled by the Seller or by a platform timer. When bidding on the Item closes, the App accepts the highest qualifying Bid and creates a Sale Line for that Buyer. At the end of the Live Sale, every Sale Line won by that Buyer is grouped into a single Order for payment and shipping.

4. Accounts, Registration and Security

4.1 You must register an account to Bid, buy or sell. You must provide accurate, current and complete information and keep it updated. Registering with false information, or impersonating another person, is a material breach of these Terms.

4.2 You are responsible for keeping your login credentials confidential and for all activity that occurs under your account, whether or not authorised by you. You must notify us immediately at hello@bazarlive.co.za if you suspect unauthorised access.

4.3 You may not: (a) hold more than one Buyer account without our written consent; (b) transfer, sell or lend your account to another person; (c) create an account after your previous account was suspended, frozen or terminated; or (d) permit another person to Bid using your account.

4.4 Verification. Buyers register with an email address and provide the delivery details needed to ship an Order. Sellers are verified before they may sell, through the two-stage process described in clause 8.1. BaZAR Live may in addition require verification at any time — before a first sale, before an increase in transaction limits, when a payment or delivery irregularity arises, or where required by law or by our payment partners — and may suspend access pending that verification.

4.5 We may refuse a registration, apply limits to an account, or require re-verification, at our discretion and without being obliged to give reasons, provided that we will not do so on any ground prohibited by section 9 of the Constitution or by the CPA.

4.6 You must maintain your own device security, current software and lawful internet access. We are not responsible for losses caused by malware, SIM-swap fraud, phishing or credential compromise on your side, save to the extent caused by our own failure to apply reasonable security safeguards. Clause 26.7 explains how to tell a genuine BaZAR Live email from a phishing attempt.

4.7 You may close your account at any time by written request. Closure does not affect: (a) any Order already placed; (b) any payment already due; (c) any open Dispute; (d) any Seller Debt; or (e) any obligation that survives termination under clause 35.9.

PART B — BUYERS, BIDDING AND ORDERS

5. Live Sales and Bidding

5.1 How Live Sales work

5.1.1 A Live Sale is conducted in real time during a live stream. A Seller presents an Item, states its condition and any defects, states the starting price and any reserve, and invites Bids. Bidding on each Item closes when the Seller or the platform timer closes it.

5.1.2 Each Bid is an offer capable of acceptance. When bidding on an Item closes and the highest Bid is at or above any reserve, that Bid is accepted and a Sale Line is created. At the end of the Live Sale, every Sale Line won by a Buyer is grouped into a single Order for payment and shipping.

5.1.3 Bid increments, timers, anti-sniping extensions, reserve mechanics and quantity or multi-slot mechanics operate as described in the App at the time of the Live Sale. BaZAR Live may adjust these mechanics and will publish material changes.

5.1.4 Where an Item is offered subject to a reserve, that fact will be disclosed. If the reserve is not met, no Sale Line is created and the Seller may re-list the Item.

5.1.5 Live streaming depends on network conditions. BaZAR Live does not warrant uninterrupted streaming and is not liable for a Bid that fails to register, a stream that lags or drops, or a sale that closes during a connectivity failure, except where this results from our gross negligence. Where a technical fault materially affects the fairness of a Live Sale, BaZAR Live may void the affected sale, reverse the Order and refund the Buyer in full.

5.2 Bids are binding

A winning Bid creates a binding contract of sale between you and the Seller.

You are expected to complete the purchase and pay in full. A Bid is not reversible because you found the Item cheaper elsewhere or decided during the stream that you no longer wanted it.

This is a rule about how the contract is formed. It is separate from your cooling-off right in clause 22.4, which lets you cancel a purchase within 7 days after the Item is delivered to you, and from Buyer Protection in Part E, which applies when something is wrong with the Item or it never arrives.

5.2.1 A Bid may be retracted before bidding on that Item closes, using the retraction process made available in the App. BaZAR Live may impose reasonable technical and anti-abuse controls on repeated or manipulative retractions.

5.2.2 After bidding closes, the winning Bid is binding unless cancellation is permitted under these Terms or required by law. BaZAR Live may cancel a Bid if: (a) it was clearly entered in error and reported before bidding closed; (b) the Seller materially changed the Item description; (c) it was placed without legal capacity or authority; (d) it appears fraudulent or manipulative; or (e) a technical error affected the sale.

5.2.3 Non-payment. Payment is due within the payment window stated in clause 6.8. If a winning Buyer does not pay within that window, the Order is cancelled automatically, the Items may be re-listed or offered to another Buyer, and BaZAR Live records a strike against the Buyer under clause 7.5 and Schedule E. Repeated non-payment leads to restriction of bidding privileges and then to removal from the platform.

5.2.4 Nothing in this clause limits a Buyer's rights under Part E, under clause 22.4, or under the CPA where the Item is not delivered, is not as described, is defective or is damaged.

5.3 Prohibited bidding conduct

• Shill bidding: bidding on your own Item, or arranging for a related party to bid on your Item, in order to inflate the price.
• Bid manipulation: coordinating with other Users to suppress prices, or entering and withdrawing bids to distort the market.
• Automated bidding: using bots, scripts or any automated means to place Bids, except where BaZAR Live provides the tool.
• Off-platform diversion: contacting a Seller or Buyer to complete a sale outside the App in order to avoid Commission, Buyer Protection or platform records.
• Bidding without the means or intention to pay.

5.3.1 Off-platform transactions are entirely at the parties' own risk. Buyer Protection, dispute administration, payment security, the cooling-off right in clause 22.4 and platform recourse do not apply to any transaction concluded outside the App. Both parties to an off-platform transaction may be suspended.

5.3.2 BaZAR Live may void sales, reverse Orders, withhold funds, and suspend or terminate accounts where prohibited bidding conduct is detected.

6. Orders, Pricing and Payment Obligations of Buyers

6.1 What an Order is. Everything you win from one Seller in one Live Sale is grouped into a single Order — the invoice you receive when the Live Sale ends. Each Item on the invoice is a Sale Line and remains a separate contract of sale, which is why a dispute or a refund can be dealt with line by line under Part E.

6.2 Before you pay, the App displays the total amount payable, itemised as: the Winning Bid Price of each Sale Line; shipping; and VAT or other taxes where applicable. No amount is added after checkout, and no fee is payable by a Buyer that was not displayed before checkout.

6.3 All prices are in South African Rand (ZAR) unless stated otherwise.

6.4 How to pay. Payment must be made through the App, either by card through Paystack, or by electronic funds transfer to the BaZAR Live bank account shown on the invoice, using the payment reference shown on the invoice. Payment by any other means, including a direct transfer to a Seller, is prohibited, voids Buyer Protection, and is at the Buyer's sole risk.

6.5 Pricing errors. Where an Item is listed or an Order is generated at an obviously incorrect price as a result of a technical or human error, and no reasonable person would have expected that price to be genuine, BaZAR Live or the Seller may cancel the Order before dispatch and refund the Buyer in full. This clause does not permit cancellation merely because the Seller is dissatisfied with the price achieved.

6.6 Buyers must provide a complete and accurate delivery address and a contactable mobile number. Where delivery fails because the address was incorrect or incomplete, or because the Buyer was unavailable or refused delivery, the Buyer is responsible for the cost of re-delivery and, where the Item is returned to the Seller, for the reasonable cost of the failed delivery.

6.7 Shipping. One shipping charge is quoted for the whole Order when the Live Sale ends, through PUDO, based on the size and weight of the Items on the Order and the delivery option chosen. The quote appears on the invoice before you pay. Where an Order is too large or otherwise cannot be quoted automatically, BaZAR Live or the Seller will contact you before payment is due.

6.8 Payment window. Payment is due within 12 hours of the end of the Live Sale. The invoice shows the exact due date and time. This window runs in calendar time, not Business Days, because it is short and is tied to the end of the stream.

6.9 An Order that is unpaid when the window closes is cancelled automatically. An Order is only treated as paid when payment is confirmed under clause 14.3.3.

7. Buyer Conduct, Ratings and Abuse of Protection

7.1 Buyers must: engage courteously in live streams and in chat; not harass Sellers or other Users; not post unlawful, discriminatory, defamatory or obscene content; and not use the App to gather Sellers' personal information for any purpose other than the transaction.

7.2 Reviews and ratings must be honest, based on actual experience, and free of unlawful content. BaZAR Live may remove a review that is abusive, defamatory, manifestly false, off-topic, or used as leverage to extract concessions from a Seller. BaZAR Live does not edit reviews to favour Sellers.

7.3 Abuse of Buyer Protection is a material breach. This includes: making claims known to be false; claiming non-delivery for a delivered Item; returning a different, substituted or damaged item; retaining the Item after a refund has been granted and refusing to return it; a pattern of claims disproportionate to the Buyer's purchase history; and initiating a Chargeback in respect of a Dispute already resolved in the Seller's favour.

7.4 Where abuse is established, BaZAR Live may decline the claim, reverse a refund already paid, recover amounts due, restrict or close the account, and report the matter to law enforcement or to the South African Fraud Prevention Service where appropriate.

7.5 Buyer strikes. BaZAR Live records a strike against a Buyer for each Order that is cancelled because it was not paid within the payment window. Two strikes within 90 days restrict the Buyer's ability to bid; a third results in removal from the platform. The thresholds, and the other buyer-side conduct thresholds, are set out in Schedule E. As with Seller strikes under clause 12.6, strikes are recorded and applied by BaZAR Live from the platform's own records of what happened. The platform surfaces the underlying events; it does not count strikes or restrict an account on its own, and BaZAR Live will tell a Buyer when a strike is recorded and why.

PART C — SELLERS

Sellers are also bound by the separate BaZAR Live Seller Agreement. These Terms and the Seller Agreement are to be read together; where they conflict, the Seller Agreement prevails as between BaZAR Live and the Seller.

8. Seller Onboarding, Verification and the Trust Profile

Sellers cannot self-onboard on BaZAR Live.

Every Seller is manually reviewed, contacted directly, and verified before a first sale is permitted. A Seller may not receive money through the platform until a Paystack Subaccount has been created and the Seller's bank account has been verified in the Seller's own name.

8.1 Application and approval

8.1.1 Selling on BaZAR Live is by application and approval only. Approval is at BaZAR Live's discretion and may be refused, deferred or revoked.

8.1.2 Onboarding runs in two stages.

Stage 1 — expression of interest. The applicant submits their name, a return address, a contact number, an email address and, optionally, social handles. No bank details and no identity number are collected at this stage. BaZAR Live reviews the application manually and contacts the applicant directly, by telephone, video call or messaging, to verify who they are and what they intend to sell.

Stage 2 — verification and payment setup. Only after manual approval is the applicant invited to complete verification. The applicant submits their bank account details and their South African identity number. Those details are validated with our payment partner to confirm that the bank account belongs to the applicant, and a Paystack Subaccount is then created in the applicant's own name. The identity number is used for that validation and is not stored by BaZAR Live; only the outcome of the check and the verified banking details are kept.

8.1.3 No Item may be sold before Stage 2 is complete. BaZAR Live will not enable a Seller's first Live Sale until verification has passed.

8.1.4 Where the applicant is a juristic person, BaZAR Live will verify the entity, its registration status, and the identity of the natural persons who own or control it, in line with the customer due diligence principles of the Financial Intelligence Centre Act 38 of 2001 and the requirements of our payment partners.

8.1.5 Sellers dealing in second-hand goods must, where the Second-Hand Goods Act 6 of 2009 applies to their business, be registered as a dealer under that Act and must produce proof of registration on request. Sellers dealing in precious metals, jewellery or any regulated category must hold and produce all licences and permits required by law.

8.1.6 Sellers must keep verification information current and must notify BaZAR Live within 5 Business Days of any change to their identity, ownership, control, business address, bank account or licensing status.

8.2 The Seller Trust Profile

Buyer confidence on a live shopping platform depends on the Seller being a known, accountable and traceable merchant. Every Seller must therefore maintain a complete public Trust Profile.

8.2.1 Sellers must not misrepresent any element of the Trust Profile, must not use another business's name, imagery or reputation, and must not claim verification, accreditation, authentication or endorsement they do not hold.

8.2.2 Performance metrics are generated from platform data. A Seller may query the accuracy of a metric in writing, and BaZAR Live will correct a metric shown to be inaccurate. Metrics will not be adjusted merely because they are unflattering.

8.2.3 BaZAR Live may suspend the verified badge, restrict category access, reduce a Seller's tier or limits, or remove the Seller entirely where verification lapses, where metrics fall below the thresholds in Schedule E, or where the Trust Profile is found to contain a misrepresentation.

8.3 Seller tiers and limits

8.3.1 New Sellers trade under limits which may include a maximum value per Item, a maximum value per Live Sale, a maximum number of concurrent Live Sales, and a cap on aggregate weekly sales. Limits are set out in Schedule E and are communicated at onboarding.

8.3.2 Limits are relaxed as a Seller establishes a track record of on-time dispatch, accurate description and low dispute rates. Limits may be re-imposed or tightened where performance deteriorates, where dispute volumes rise, or where BaZAR Live identifies a risk indicator.

8.3.3 BaZAR Live may apply enhanced controls to a Seller, including a security deposit, a rolling reserve, mandatory tracked shipping, mandatory pre-dispatch photographs, or manual review of listings. These controls are described in clause 16.

9. Core Seller Obligations

The Seller is the supplier of record and takes full responsibility for delivering the correct Item, in the condition described, within the stated window.

9.1 Accuracy and honesty

9.1.1 The Seller must describe every Item accurately and completely, both in the listing and on the live stream, including: the correct make, model, size, quantity, material and specification; the true condition; authenticity and the basis for any authenticity claim; all known defects, damage, repairs, missing parts and functional limitations; whether the Item is new, used, refurbished, damaged, or sold for parts; and whether any warranty applies.

9.1.2 The Seller must show the actual Item being sold on the live stream. Stock imagery, images of a different unit, or images that conceal a defect may not be used to represent a specific Item. Where multiple identical units are offered, this must be stated.

9.1.3 The Seller must not use lighting, filters, camera angles, editing or on-stream claims that misrepresent condition, colour, size or completeness.

9.1.4 Claims about brand, provenance, grading, certification, carat, purity, calibration or compliance must be true and, where a certificate is referenced, the certificate must exist and be produced on request.

9.1.5 The Seller warrants that it has the right to sell each Item, that the Item is not stolen, encumbered, counterfeit or subject to a third party's rights, and that the sale does not infringe any intellectual property right or contravene the Counterfeit Goods Act 37 of 1997.

9.2 Fulfilment

9.2.1 The Seller must dispatch the Item within the dispatch window stated in the listing, or within 5 Business Days of payment confirmation where no window is stated.

9.2.2 The Seller must ship the exact Item sold, adequately packaged for the nature of the goods and the mode of transport, using a carrier that provides tracking, and must record the tracking number in the App at dispatch.

9.2.3 Where the Seller cannot fulfil an Order, the Seller must notify BaZAR Live and the Buyer immediately. The Buyer is entitled to a full and immediate refund, including shipping. Cancellation by a Seller after a binding sale is a breach of these Terms, counts against the Seller's performance metrics and attracts a strike under clause 12.6; repeated cancellation is a ground for suspension.

9.2.4 The Seller must retain proof of dispatch, proof of packaging condition (photographs are strongly recommended, and are required where clause 8.3.3 applies), and proof of delivery for at least three years, in line with clause 9.4.3, and must produce them within 2 Business Days of a request in a Dispute.

9.2.5 Risk in an Item passes to the Buyer on Delivery. Until Delivery, the risk of loss or damage in transit rests with the Seller, consistent with section 19(2) of the CPA. A Seller may not contract out of this position by stating that shipping is at the Buyer's risk.

9.3 Responsiveness and dispute co-operation

9.3.1 The Seller must respond to a Buyer query, and to a Dispute raised against an Order, within 2 Business Days. Failing to respond to a Dispute within that period has the consequence set out in clause 19.3 — the Dispute resolves automatically in the Buyer's favour — and attracts a strike under clause 12.6.

9.3.2 The Seller must co-operate fully and in good faith with the Buyer Protection process, must provide requested evidence within the timelines in Schedule D, and must not contact a Buyer to pressure, intimidate or induce them to withdraw a Dispute, to accept an off-platform settlement, or to alter a review.

9.3.3 Failure to respond within the prescribed period entitles BaZAR Live to determine the Dispute on the evidence available, which will ordinarily mean in the Buyer's favour, and to recover the refund from the Seller under clause 16.

9.3.4 The Seller must honour every valid Buyer Protection outcome, every cooling-off cancellation under clause 22.4, and every obligation imposed by applicable law, including sections 55 and 56 of the CPA.

9.4 Compliance, records and tax

9.4.1 The Seller is responsible for its own compliance with all applicable law, including the CPA, ECTA, POPIA, the Counterfeit Goods Act, the Second-Hand Goods Act, the National Regulator for Compulsory Specifications requirements where applicable, and all customs, import and labelling requirements.

9.4.2 The Seller is responsible for its own tax affairs, including income tax and VAT. Where the Seller is a VAT vendor, the Seller must issue a valid tax invoice to the Buyer. BaZAR Live does not issue tax invoices on the Seller's behalf unless expressly agreed in writing.

9.4.3 Record retention. BaZAR Live retains Live Sale, bidding, Order, Dispute and transaction records for at least three years from the date of the Live Sale, or longer where required by law or by an unresolved Dispute, Chargeback, investigation or payment-provider requirement. Sellers must retain their own records for the same period.

10. Listing Standards and Live Stream Conduct

10.1 Listings and streams must: state the Item, its condition and its price mechanics clearly; disclose reserves; disclose the dispatch window before Bids are invited; and avoid misleading urgency, false scarcity or fabricated "original" prices.

10.2 Sellers must not: solicit off-platform payment or contact details; direct Buyers to other sales channels; advertise other marketplaces; run competitions or lotteries without BaZAR Live's written approval; or use the stream to promote unlawful, hateful or harassing content.

10.3 Live streams must be hosted by an approved and verified person associated with the Seller's account. Handing a stream to an unverified third party is prohibited.

10.4 Sellers must not broadcast content that infringes third-party rights, including music, film or broadcast material for which they do not hold a licence.

10.5 BaZAR Live may interrupt, end, remove or refuse to publish any Live Sale, stream or listing that breaches these Terms, and may do so without prior notice where the breach is serious or the risk to Buyers is immediate.

10.6 Streams are not recorded. BaZAR Live transmits live streams in real time and does not record or store them. What is said and shown on a stream therefore cannot be replayed as evidence in a Dispute. Sellers should assume that the listing, the photographs and the written description are the record of what was sold, and should describe Items accordingly. If BaZAR Live introduces stream recording in future, it will be disclosed in the App and in the Privacy Policy before it begins.

11. Prohibited and Restricted Items

11.1 Sellers may not offer any Item listed as prohibited in Schedule B. Restricted Items may only be offered where the conditions in Schedule B are met, including any licence, permit, age-verification or category-approval requirement.

11.2 Sellers must independently satisfy themselves that each Item may lawfully be sold and shipped in South Africa. The absence of an Item from Schedule B is not a representation that it is lawful to sell.

11.3 Sellers must also comply with the restrictions imposed by our payment partners. Paystack's Acceptable Use Policy prohibits certain categories of business and goods, and BaZAR Live may not process payments for them irrespective of whether South African law permits the sale. Where the two lists differ, the stricter applies.

11.4 Listing a prohibited Item is a material breach. BaZAR Live may remove the Item, void resulting Orders, refund affected Buyers, recover funds, suspend or terminate the Seller, retain evidence, and report the matter to the South African Police Service, the National Consumer Commission, the relevant regulator or the rights holder.

12. Seller Performance Management

12.1 BaZAR Live monitors, per Seller: dispatch-on-time rate; tracking upload rate; delivery success rate; dispute rate; upheld-dispute rate; refund rate; response time; and cancellation rate. Thresholds are set out in Schedule E.

12.2 Where a threshold is breached, BaZAR Live may apply a graduated response: a written warning and improvement plan; reduced limits or category restrictions; loss of promotional placement; withdrawal of the verified badge; a security deposit or rolling reserve; suspension; and permanent removal.

12.3 BaZAR Live may suspend a Seller immediately, without a prior warning step, where there are reasonable grounds to suspect fraud, counterfeiting, non-delivery of paid Orders, sale of prohibited Items, or conduct that presents an immediate risk to Buyers or to the platform.

12.4 A suspended Seller must still fulfil Orders already paid for, or the affected Buyers will be refunded and the amounts recovered from the Seller under clause 16.

12.5 A Seller may request a review of a performance decision in writing within 5 Business Days. BaZAR Live will provide a written outcome within 5 Business Days. This process does not limit either party's rights in law.

12.6 Seller strikes. A strike is recorded against a Seller for each of the following:

• cancelling a confirmed sale, or failing to fulfil an Order that has been paid for; and
• failing to respond to a Dispute within the 2 Business Days allowed by clause 9.3.1.

A strike is not recorded merely because a Dispute is decided against the Seller. A Seller who responds properly and honestly and still loses a Dispute has done what these Terms require of them. Strike thresholds and their consequences are set out in Schedule E. Strikes are recorded and applied by BaZAR Live; the platform surfaces the underlying events, and BaZAR Live will notify a Seller when a strike is recorded and how to respond.

PART D — FEES, PAYMENTS AND SETTLEMENT

13. Fees, Commission and Taxes

13.1 BaZAR Live earns Commission of 8% of the item price — that is, 8% of the Winning Bid Price of each Sale Line. No Commission is charged on shipping. The current fee position is set out in Schedule A.

13.2 On a card payment, Commission is deducted automatically at the time of payment through the Split described in clause 14. No separate invoice is raised and no separate payment is required from the Seller.

13.3 The Paystack transaction processing fee is borne by the Seller. It is deducted from the Seller's share of the Split by Paystack. The Seller acknowledges that this fee is set by Paystack, may change, and is not within BaZAR Live's control.

13.4 No fee is payable by a Buyer that was not displayed before checkout. Where a listing fee, streaming fee, promotional fee or subscription is introduced for Sellers, it will be disclosed in Schedule A before it takes effect.

13.5 BaZAR Live may amend fees on not less than 30 days' written notice to Sellers. Amended fees apply only to Live Sales that begin after the effective date of the change. A Seller who does not accept a fee change may stop selling and close its account before the change takes effect.

13.6 Amounts stated are [inclusive / exclusive] of VAT as indicated in Schedule A. Each party is responsible for its own tax obligations. Sellers are responsible for determining whether they are required to register for VAT and for charging and accounting for VAT correctly.

13.7 Commission on a refunded sale. Commission is earned on a completed sale. Where a Sale Line is refunded, BaZAR Live does not keep its Commission on that line. The Commission is given up, and the effect of that is built into the repayment calculation in clause 16.2: the Seller repays the amount refunded to the Buyer less the Commission BaZAR Live charged on the refunded lines. Where an Order is cancelled before dispatch, no Commission is retained at all.

14. Payment Processing and the Paystack Split

How your money moves

The Buyer makes one payment for the whole Order. Where that payment is made by card, Paystack processes it and applies the configured allocation between BaZAR Live and the Seller's Subaccount. Settlement remains subject to Paystack's terms, banking processes, reserves, compliance reviews, refunds, reversals and Chargebacks. BaZAR Live does not operate a bank account or escrow account for holding Buyer or Seller funds.

14.1 The payment flow

14.2 Worked example

The following illustration assumes one Sale Line at a Winning Bid Price of R1 000,00 and shipping of R100,00, paid by card. Processing-fee figures are illustrative only — confirm the current Paystack rate before publishing.

14.3 Terms applying to payment processing

14.3.1 Card payments are processed by Paystack. By transacting on the App you also accept Paystack's applicable terms and privacy notice, and you authorise BaZAR Live to share with Paystack the information necessary to process, settle, verify and reconcile the transaction, and to prevent fraud.

14.3.2 BaZAR Live does not store full card details. Card data is captured and processed by Paystack in a PCI-DSS compliant environment. BaZAR Live receives only the tokens and transaction references necessary to operate the platform.

14.3.3 A card Order is only treated as paid when Paystack confirms success by signature-verified notification or verified API response. An EFT Order is only treated as paid when BaZAR Live has matched the payment to the invoice reference on its bank statement. A screenshot, a bank app notification, a proof of payment or an on-screen message is not proof of payment for the purposes of these Terms.

14.3.4 Where a payment fails, is declined, is reversed, is unsettled, or is later found to have been fraudulently obtained, BaZAR Live may cancel the Order, instruct the Seller not to ship, recall a shipment where possible, and take the recovery steps in clause 16.

14.3.5 Every Seller must maintain an active, verified Paystack Subaccount in the Seller's own legal name, linked to a bank account in the Seller's own legal name. Nominee, third-party, family or intermediary bank accounts are not permitted. A Seller who cannot satisfy this requirement may not sell on the App.

14.3.6 The Seller is responsible for the accuracy of its banking details. BaZAR Live is not liable for funds settled to an account nominated by the Seller, or for a delay caused by the Seller providing incorrect, outdated or unverifiable details.

14.3.7 Sellers must not: solicit payment outside the App; ask a Buyer to split a payment between the App and another channel; use the App to process a payment for a transaction that did not occur on the App; or use the App to move money for any purpose other than a genuine sale. Any such conduct is a material breach and may constitute a criminal offence.

14.3.8 Neither BaZAR Live nor Paystack acts as an escrow agent or holds funds in trust. Buyers should understand that on a card payment the Seller's share is settled to the Seller shortly after payment, and that Buyer Protection therefore operates through refunds funded by BaZAR Live and repaid by the Seller, as described in clause 20 and clause 16, rather than by holding money back.

14.3.9 Every payment and Order state transition is written to an audit log. That log is the primary record for dispute determinations, reconciliation and recovery.

15. Settlement and Payouts

15.1 Card Orders. Paystack settles the Seller's share directly to the Seller's verified bank account on Paystack's standard settlement cycle, currently T+2 Business Days from the transaction, subject to bank processing times and public holidays. Settlement timing is determined by Paystack and may change.

15.2 BaZAR Live does not control settlement timing and is not liable for a delay caused by Paystack, an acquiring or receiving bank, the national payment system, load-shedding, a network outage, or a compliance hold imposed by a financial institution.

15.3 EFT Orders. Where a Buyer pays by EFT, BaZAR Live receives the payment and pays the Seller its share in a payout batch. The payout window opens when the payment is confirmed, not when the Order is delivered. An Order that is in Dispute is held out of the batch until the Dispute is resolved. BaZAR Live aims to release each batch [weekly / on the schedule notified to Sellers at onboarding].

15.3.1 Because the payout window opens on payment, a Seller may already have been paid for an Order by the time a Dispute is raised on it. In that case the payout is not reversed or clawed back. If the Dispute results in a refund, BaZAR Live funds the refund and the Seller repays it as a Seller Debt under clause 16.

15.4 Sellers must reconcile settlements and payouts against their own records and must raise any discrepancy in writing within 30 days of the settlement or payout date. After 30 days, a settlement is deemed accepted, save in the case of manifest error or fraud.

15.5 Where an amount is settled or paid to a Seller in error, or in excess of the amount due, the Seller must repay it on demand. It is recovered in the same way as any other Seller Debt, under clause 16.

15.6 Where supported by Paystack and permitted under the applicable payment configuration, BaZAR Live may request or apply a settlement hold, reserve or payout restriction relating to an Order where there are reasonable grounds to suspect fraud, counterfeiting, a prohibited Item, non-delivery or another material breach. BaZAR Live does not warrant that it can stop a settlement after Paystack or the relevant bank has already initiated it.

16. Money Owed by a Seller: Refund Repayment, Settlement and Account Freeze

Seller acknowledgement — how refund repayment works

When a Buyer is entitled to a refund, BaZAR Live pays the Buyer immediately out of its own funds, so that the Buyer is not left waiting while the money is recovered. The Seller then repays BaZAR Live the amount set out in clause 16.2.

BaZAR Live does not take that money out of your other sales or payouts automatically. Repayment is arranged directly between BaZAR Live and the Seller.

An unpaid amount can result in your account being frozen under clause 16.7. While an account is frozen you cannot sign in, and the sign-in screen shows the amount owed and how to contact us.

16.1 Where BaZAR Live funds a refund to a Buyer, the amount calculated under clause 16.2 becomes a Seller Debt, due and payable by the Seller to BaZAR Live.

16.1.1 Where BaZAR Live pays a Chargeback, incurs a cost as a result of a Seller's breach, or is otherwise out of pocket in respect of an Order, the Seller Debt is the actual amount BaZAR Live is out of pocket, including any fee levied by Paystack or the acquiring bank. The calculation in clause 16.2 applies to refunds only.

16.2 How the amount is calculated. On a refunded sale, the Seller repays:

the amount refunded to the Buyer, less BaZAR Live's Commission on the refunded Sale Lines.

The effect is that:

• the Seller repays everything the Seller was paid for the refunded lines;
• BaZAR Live gives up its Commission on those lines and recovers nothing for itself out of the refund; and
• the Seller bears the payment processing fee charged on the original payment, because that fee was deducted from the Seller's share at the time and Paystack does not return it on a refund.

Shipping carries no Commission. So where shipping forms part of a refund — that is, on a full-invoice Dispute or a non-delivery Dispute (clause 20.3) — the shipping is repaid in full.

16.3 Worked examples.

16.4 No automatic deduction. BaZAR Live does not recover a Seller Debt by deducting it from the Seller's share of later sales, by increasing the platform's share of a later transaction, or by netting it off a payout batch. A Seller's sales and payouts are unaffected by an outstanding balance. This is a deliberate choice: a Seller should be able to trade and be paid normally while a repayment is being arranged.

16.5 How repayment is arranged. BaZAR Live will notify the Seller of the amount, the Order and Dispute it relates to, and how it was calculated. That notification is the Seller's record of what is owed — there is no running balance for a Seller to look up in the App. Where an account has been frozen under clause 16.7, the amount owed is shown to the Seller on the sign-in screen. The Seller pays the amount to BaZAR Live by electronic funds transfer on demand, or on such other arrangement as the parties agree in writing, and BaZAR Live records the amount as settled when it is received.

16.6 Disputing an amount. Where a Seller disputes a Seller Debt, the Seller must do so in writing within 5 Business Days of being notified, with supporting evidence. BaZAR Live will review and respond in writing within 5 Business Days.

16.7 Account Freeze.

What an Account Freeze means

Where a Seller Debt remains unpaid and no repayment arrangement has been made, BaZAR Live may freeze the Seller's account.

While the account is frozen, the Seller cannot sign in. Any open session is ended. The sign-in screen shows the amount owed and tells the Seller to contact BaZAR Live at robbert@bazarlive.co.za or 084 227 9860.

The freeze is lifted as soon as the amount owed is settled. There is no other penalty, and no further amount is added for the freeze itself.

16.7.1 A freeze does not extinguish the Seller's obligations on Orders already concluded. BaZAR Live will co-operate with a frozen Seller to complete deliveries that are already in progress, and a Buyer's rights under Part E are unaffected.

16.7.2 A freeze is applied by a person, not automatically by the platform, and only after the Seller has been notified of the amount owed.

16.7.3 A Seller who believes an account has been frozen in error may say so in writing to robbert@bazarlive.co.za, and BaZAR Live will respond within 5 Business Days.

16.8 Security. BaZAR Live may require a Seller to provide security in the form of a cash deposit, a rolling reserve retained from payouts, a suretyship from a director or member, or a personal guarantee, where the Seller is new, sells high-value Items, has an elevated dispute rate, or has previously failed to meet a repayment obligation. Security will be released on the terms notified when it is taken, ordinarily on the expiry of all applicable dispute and Chargeback periods.

16.9 The Seller remains liable for any amount that is not repaid, including where the Seller stops trading, closes the account, or has no further sales. BaZAR Live may recover an unpaid Seller Debt by written demand, by legal proceedings, or by referral to a debt collection agency or credit bureau, subject to the National Credit Act 34 of 2005 and POPIA where applicable.

16.10 Interest may be charged on overdue amounts at the rate prescribed under the Prescribed Rate of Interest Act 55 of 1975, from the date of demand to the date of payment.

16.11 The Seller may not withhold delivery of an unrelated Order, or refuse to co-operate in an unrelated Dispute, on the basis that a repayment is outstanding or disputed.

17. Chargebacks and Payment Reversals

17.1 A Chargeback is a reversal initiated by a Buyer through their bank or card issuer. Chargebacks are governed by card scheme rules and by Paystack's processes, not by these Terms, and their outcome is determined by the issuer and the scheme.

17.2 Buyers are asked to use the Dispute process in Part E before initiating a Chargeback. It is usually faster, and it does not prejudice the Buyer's right to approach their bank. Nothing in these Terms prevents a Buyer from exercising a right against their bank or card issuer.

17.3 A Buyer may not recover twice for the same Order. Where a Buyer receives a refund under Part E and also succeeds with a Chargeback for the same Order, the duplicate amount is repayable to BaZAR Live on demand and may be recovered by any lawful means.

17.4 Where a Chargeback is raised, BaZAR Live will notify the Seller and request evidence, which must be provided within 2 Business Days, or such shorter period as the card scheme timetable requires. Evidence typically includes the listing, the Order record, proof of dispatch, tracking, proof of delivery and Buyer communications.

17.5 Where a Chargeback succeeds and the underlying cause is attributable to the Seller, the Seller bears the amount of the Chargeback and any Chargeback fee levied by Paystack or the acquiring bank, recoverable under clause 16.

17.6 Where a Chargeback succeeds and the underlying cause is attributable to BaZAR Live, BaZAR Live bears the amount and the fee.

17.7 Where a Chargeback arises from third-party card fraud and neither the Buyer nor the Seller was at fault, liability is allocated in accordance with the applicable card scheme rules and the Paystack agreement. BaZAR Live will not seek recovery from a Seller who has complied fully with these Terms and can prove dispatch and delivery of the correct Item to the address on the Order, except to the extent that the scheme rules place that loss on the merchant.

17.8 An excessive Chargeback rate places the platform's payment facility at risk. BaZAR Live may suspend a Seller or a Buyer whose Chargeback pattern exceeds the thresholds in Schedule E, or where our payment partner requires it.

PART E — BUYER PROTECTION, DISPUTES, REFUNDS AND COOLING-OFF

How this Part works, in one paragraph

If something is wrong with an Order, you raise a Dispute in the App. The Dispute goes to the Seller first: they can refund you, ask for the Item back and then refund you, send a replacement, or decline. BaZAR Live runs the process, holds the deadlines and pays the refund when one is due — but we do not decide who is right unless the Dispute is escalated to us. Every deadline below is real: if a party does nothing, the Dispute resolves against them automatically.

18. Buyer Protection

The promise

If you pay on BaZAR Live and the Item never arrives, arrives materially different from what you bought, arrives broken, or does not work as described, you are entitled to a remedy. Buyer Protection does not cover a change of mind — but the cooling-off right in clause 22.4 does.

18.1 What Buyer Protection covers

18.1.1 Buyer Protection applies to every Order paid for through the App, provided the Buyer raises a Dispute within the window in clause 18.3 and co-operates with the process.

18.1.2 When you raise a Dispute in the App you choose one of four reasons. They appear on the Dispute form exactly as they are named below.

18.1.3 Counterfeit, stolen or unlawful goods are raised under "Item not as advertised". The Item may be required to be surrendered rather than returned to the Seller, and the Buyer is entitled to a full refund without returning it to the Seller.

18.1.4 Where a payment was made without the account holder's authority, this is not dealt with as a Dispute. Contact BaZAR Live immediately at refund@bazarlive.co.za and, separately, your bank.

18.2 What Buyer Protection does not cover

• Change of mind or buyer's remorse — but see the cooling-off right in clause 22.4, which does cover it, within 7 days after delivery.
• Minor cosmetic wear consistent with the condition described or shown on the live stream.
• The Buyer's own misunderstanding of an Item that was accurately shown and described.
• Items clearly marked and announced as "as-is", "final sale", "for parts" or "no returns" — except where the Item is still not as described, is counterfeit, or is unsafe, in which case a Dispute remains available and the CPA still applies.
• Perishable goods, custom-made or personalised items, digital goods, gift cards and hygiene-related products — except where the Item is significantly not as described.
• Loss or damage occurring after Delivery has been accepted.
• Shipping delay, where the Item is eventually delivered within a reasonable period.
• Failure to collect a parcel held for pickup, or refusal of delivery, resulting in return to sender.
• Any transaction concluded outside the App.
• Damage caused by the Buyer's misuse, modification, unauthorised repair or failure to follow instructions.

18.2.1 A description such as "as-is", "for parts" or "no returns" only applies to defects, damage or limitations clearly disclosed before bidding. It does not protect a Seller who misdescribes an Item, conceals a material defect, sells counterfeit or stolen goods, or breaches these Terms.

18.3 When you can raise a Dispute

18.3.1 A Dispute may be raised at any time from the moment the Order is paid for, and up to 7 days after Delivery Confirmation. That 7-day window runs in calendar days, not Business Days, because it is tied to the moment the Order is confirmed as delivered.

18.3.2 In practice this means:

18.3.3 The window in clause 18.3.1 limits the in-App Dispute process only. It does not limit the cooling-off right in clause 22.4, the six-month implied warranty in section 56 of the CPA, or any other right or remedy that cannot lawfully be limited.

18.4 One Dispute per Order

One Dispute per invoice — ever.

You may raise one Dispute on an Order, once. When it is resolved — whichever way it is resolved — the Dispute process for that Order is closed permanently and the Dispute button disappears. You cannot raise a second Dispute on the same Order for a different Item, a different problem, or a problem you discover later.

Please make sure you have checked everything on the invoice before you raise a Dispute.

18.4.1 The reason for this rule is technical and financial: one Order is paid for in one payment, and the payment system allows one refund against that payment. Once that refund has been used, no further refund can be issued against it automatically.

18.4.2 If something is genuinely wrong with an Item that a resolved Dispute did not cover, write to refund@bazarlive.co.za. BaZAR Live will consider the matter on its merits and may resolve it by other means, but it is not the in-App Dispute process and it is not a right you can enforce under this Part. Your rights under the CPA and under clause 22.4 are, again, unaffected.

18.5 Choosing which Items to dispute — and the shipping consequence

18.5.1 When you raise a Dispute you tick the Sale Lines it applies to. That is the scope of the Dispute. Only the ticked lines can be refunded.

Disputing only some of the Items forfeits your shipping refund — permanently.

Shipping is refunded only where you dispute the whole invoice, or where the reason is not delivered.

If you tick some Items and not others, you will not get the shipping back on that Order — not now, and not later, because clause 18.4 means there is no later Dispute.

If the shipping matters to you, dispute the whole invoice.

18.5.2 This is stated on the Dispute form in the App before you submit it, as well as here.

19. Raising a Dispute, and What Happens Next

19.1 Delivery confirmation and the start of the window

19.1.1 The Seller dispatches the Order and records the tracking number in the App.

19.1.2 When the Order is delivered, the Seller marks it as delivered.

19.1.3 You then confirm in the App that you received it. You may instead deny delivery if the Order has not in fact reached you.

19.1.4 If you neither confirm nor deny within 48 hours of the Seller marking the Order delivered, the App confirms delivery automatically, applied on the next hourly check, and the 7-day Dispute window starts running from that confirmation. This window runs in calendar time. If you have denied delivery, the Order is never confirmed automatically — it stays open until the position is resolved.

19.2 How to raise a Dispute

19.2.1 Open the Order in the App and use the Dispute button. Tick the Sale Lines the Dispute applies to, choose a reason, describe the problem, and attach photographs or video where they help. Where transit damage is claimed, photograph the outer packaging, the inner packaging and the damage, on opening.

19.2.2 A Dispute may be raised only by the account holder who paid for the Order.

19.2.3 The Seller is notified automatically the moment you submit the Dispute, and the Seller's 2 Business Day response clock starts running from that moment. Nothing waits for a person at BaZAR Live to open the Dispute first.

19.2.4 Photographs and other evidence uploaded to a Dispute are stored securely and are shown only to the parties to that Dispute and to BaZAR Live, through short-lived secure links. They are not published and are not publicly accessible.

19.2.5 Keep the Item, its packaging and all accessories in the condition received until the Dispute is resolved. Do not use, modify, repair or dispose of the Item during that period, unless you are told otherwise.

19.3 The stages of a Dispute, and what happens if a deadline passes

Every stage below has a deadline. If the person whose move it is does nothing before the deadline, the outcome in the last column happens automatically.

19.3.1 You are notified in the App at every stage, and the deadline that applies to you is shown on the Order.

19.3.2 Two Business Days before the return-shipment deadline, BaZAR Live sends you a reminder by notification and by email.

19.4 The Seller's response

19.4.1 Within 2 Business Days of being notified, the Seller must choose one of four responses:

19.4.2 Where the reason for the Dispute is not delivered and the Order has not been confirmed as delivered, the Seller has only two options: refund without a return, or decline. A Seller who declines in that case must supply proof of shipment — a tracking number or a drop-off photograph. Asking for a return or offering a replacement is not available, because there is nothing for the Buyer to send back.

19.4.3 If the Seller does not respond within 2 Business Days, the Dispute resolves in the Buyer's favour and a refund is issued. Failing to respond also attracts a strike under clause 12.6.

19.5 Returning an Item

19.5.1 Where a return is required, you must ship the Item back within 5 Business Days of being told to, and you must record either a tracking number or a photograph of the drop-off in the App. A return with no proof is not accepted by the App.

19.5.2 Return shipping cost. You ship at your own cost. Return shipping is the Seller's responsibility to settle with you directly, and the amount is not added to your refund. BaZAR Live does not process return-shipping costs.

19.5.3 Return the Item in the same condition you received it, with all original packaging, tags, manuals and accessories.

19.5.4 If you do not ship the return within 5 Business Days, the Dispute closes in the Seller's favour and no refund is issued. You will have been reminded 2 Business Days before that deadline.

19.5.5 Risk in a returned Item stays with the Buyer until the Seller confirms receipt of it. That is why the App will not accept a return without proof — a tracking number or a photograph of the drop-off — and why you should use a trackable service and keep that proof until the Dispute is resolved.

19.5.6 Where the returned Item is not the Item that was sold, has been substituted, or has been damaged by the Buyer, the Seller may contest the return, and BaZAR Live may decline the refund, reverse a refund already paid, and take action under clause 7.3.

19.5.7 Counterfeit or unlawful Items must not be returned to the Seller. BaZAR Live will give instructions for surrender, retention as evidence or destruction, in line with the Counterfeit Goods Act 37 of 1997 and any direction from the rights holder or the authorities.

19.6 Replacements

19.6.1 Where the Seller offers a replacement and you accept it, you return the original Item and the Seller ships the replacement at their own cost within 2 Business Days of confirming receipt of the return.

A replacement closes the Dispute for good.

Once the replacement has been shipped, the Dispute is resolved and cannot be reopened, because of the one-Dispute rule in clause 18.4. If the replacement itself turns out to be faulty, write to refund@bazarlive.co.za and BaZAR Live will deal with it directly — but it is handled by hand, outside the in-App process, and your statutory rights are what govern it.

19.7 Evidence and who has to prove what

19.7.1 A Dispute is assessed on the evidence, which may include the listing, the Order record, dispatch and tracking data, proof of delivery, the photographs uploaded by either party, and the parties' communications on the platform. Live streams are not recorded and cannot be replayed as evidence (clause 10.6).

19.7.2 The burden of proving that the correct Item was dispatched, adequately packaged and delivered rests on the Seller. The burden of proving the condition of the Item on arrival rests on the Buyer.

19.7.3 Where the Seller does not provide requested evidence within 2 Business Days, BaZAR Live may decide the Dispute on the evidence available, which will ordinarily favour the Buyer.

20. Refunds: What Is Refunded, How and When

20.1 Refunds are processed by BaZAR Live, funded from BaZAR Live's own account, and paid to the Buyer's original payment method. Refunds are not paid in cash, in vouchers, in store credit or to a third-party account.

20.2 Line by line. Only the Sale Lines within the scope of the Dispute are refunded. Every other line on the Order stands, and the Order remains valid for those Items.

20.3 Shipping. Shipping is refunded only where:

• the Dispute covers the whole Order; or
• the reason is that the Order was not delivered.

In every other case the shipping is not refunded. See the box at clause 18.5.

20.4 Timing. A refund is initiated as soon as the decision is made — by the Seller, by a deadline passing, or by BaZAR Live on an escalation. The funds ordinarily reflect in the Buyer's account within 3 to 12 Business Days of that point, depending on the Buyer's bank or card issuer. The time taken by the bank is outside BaZAR Live's control.

20.5 Where the card refund cannot be processed. If the original payment cannot be reversed automatically — for example where the Order was paid by EFT, or the card refund fails — the Order will show that the refund needs manual processing, and BaZAR Live will contact the Buyer directly to arrange it. Verified bank details in the Buyer's own name will be required.

20.6 A partial refund may be agreed where the Buyer elects to keep an Item that is not as described. A partial refund agreed in writing between the parties, or determined by BaZAR Live, settles the Dispute in full.

20.7 Where an Order is cancelled before dispatch, the Buyer receives a full refund of everything paid, including shipping, without needing to raise a Dispute.

20.8 Where an Item is refunded and is later found to have been delivered and retained by the Buyer, the refund is repayable to BaZAR Live on demand.

20.9 What the Seller repays to BaZAR Live after a refund, and how that is arranged, is dealt with in clause 16. It does not affect the Buyer, and a Buyer's refund is never delayed by the Seller's ability or willingness to repay.

21. Escalation and Dispute Resolution

21.1 When you can escalate. If the Seller declines your Dispute, or contests your return, you may ask BaZAR Live to decide it. Email refund@bazarlive.co.za with the subject line "Escalation Request" and the Order number, within 5 Business Days of the Seller's decision, setting out why you disagree and attaching any further evidence.

21.2 If you do not escalate within 5 Business Days, the Dispute closes in the Seller's favour and cannot be reopened.

21.3 BaZAR Live aims to issue a written decision on an escalated Dispute within 5 Business Days, and will state the reason for the outcome and the remedy. BaZAR Live may ask either party for further evidence and may extend that period where it does so, telling both parties why.

21.4 A Buyer's right to escalate arises in the one situation described in clauses 21.1 and 21.2: the Seller has declined the Dispute or contested the return, and no refund has been issued. BaZAR Live may in addition take over and decide a Dispute at an earlier stage where the circumstances warrant it, but that is BaZAR Live's decision to make and is not something a Buyer or a Seller can require. Once a refund has been decided and is being paid, there is nothing left to escalate.

21.5 BaZAR Live's decision on an escalated Dispute is final within the platform. It is an internal determination. It is not an arbitration award, it does not bind a court or tribunal, and it does not limit either party's rights in law.

21.6 External remedies. Nothing in these Terms prevents a User from: referring a complaint to the Consumer Goods and Services Ombud; lodging a complaint with the National Consumer Commission; approaching a provincial consumer affairs office; referring a matter to the Consumer Tribunal; approaching a court of competent jurisdiction, including the Small Claims Court; or, in the case of a data privacy complaint, complaining to the Information Regulator.

21.7 The parties agree to attempt in good faith to resolve any dispute between them through the platform process before commencing litigation, save where urgent interim relief is required, where a limitation period is about to expire, or where the dispute concerns intellectual property infringement or unlawful conduct.

21.9 A dispute between a Buyer and a Seller is, in law, a dispute between those parties. BaZAR Live's role is to administer the platform process, to fund and recover refunds under Part D and Part E, and to provide records. BaZAR Live is not obliged to litigate on behalf of any User.

22. Statutory Rights, Cooling-Off and Future Fixed-Price Sales

22.1 Nothing in these Terms limits, excludes or waives any right a Buyer has under the CPA, ECTA, or any other applicable South African law. To the extent that any provision of these Terms is inconsistent with such a right, that provision does not apply.

22.2 Buyers' statutory rights include, without limitation:

• (a) the right to receive goods that are of good quality, in good working order, free of defects, useable and durable for a reasonable period, and reasonably suitable for the purpose for which they are generally intended (section 55 of the CPA);
• (b) the implied warranty of quality, which entitles the Buyer to return goods that fail to satisfy section 55 within six months of delivery and to choose a refund, replacement or repair (section 56 of the CPA);
• (c) the right to receive delivery at the agreed time and place, with risk remaining with the supplier until delivery (section 19 of the CPA);
• (d) protection against false, misleading or deceptive representations about goods (section 41 of the CPA);
• (e) the right to return goods in the circumstances set out in section 20 of the CPA;
• (f) protection against unfair, unreasonable or unjust contract terms (sections 48 to 52 of the CPA); and
• (g) rights in respect of harm caused by unsafe goods or product failure (section 61 of the CPA).

22.3 How a sale is concluded on the App is described in clause 3.9. A Sale Line is created when bidding on an Item closes and the App accepts the highest qualifying Bid at or above any reserve. BaZAR Live keeps a record of every Live Sale, every Bid and every resulting Order.

22.4 Cooling-off — your right to change your mind within 7 days of delivery

You may cancel a purchase within 7 days after it is delivered to you, without giving a reason.

This is a statutory right under section 44 of the Electronic Communications and Transactions Act. It applies in addition to Buyer Protection in the rest of Part E, and it is the answer to "I simply changed my mind".

You pay to send the Item back. The Item must come back in the condition you received it. Once it is back with the Seller, you are refunded.

22.4.1 The right. You may cancel a purchase made on the App, without reason and without penalty, within 7 days after the Item is delivered to you.

22.4.2 How to exercise it. Email refund@bazarlive.co.za within those 7 days, quoting your Order number and the Items you are cancelling. There is no cooling-off button in the App — a cooling-off cancellation is made by email and handled by hand. We will reply with return instructions.

22.4.3 Returning the Item. You bear the cost of returning the Item. Send it back using a trackable service, in the condition in which you received it, unused and complete, with all original packaging, tags, manuals and accessories. An Item that comes back used, damaged, incomplete or altered is not a valid cooling-off return, and we will tell you before you send it what that means for your refund.

22.4.4 Your refund. Once the returned Item has been received and checked, you are refunded to your original payment method. The refund is the price of the Item. The original shipping you paid to have the Item delivered to you is not refunded, and the cost of sending it back is yours.

22.4.5 Timing of the refund. The refund is made within 30 days of your cancellation, and in practice as soon as the returned Item has been received and checked. Once initiated, funds ordinarily reflect within 3 to 12 Business Days depending on your bank.

22.4.6 What the cooling-off right does not apply to. ECTA itself excludes certain goods and services. On this platform the exclusions that matter are:

• perishable goods, and foodstuffs or other goods for everyday consumption;
• goods made to your specification, or clearly personalised;
• goods that by their nature cannot be returned, or that deteriorate or expire rapidly;
• sealed hygiene, cosmetic or personal-care goods once the seal has been broken;
• sealed audio or video recordings, or computer software, once unsealed;
• digital content, gift cards and other instruments that transfer value rather than goods; and
• newspapers, periodicals and magazines.

22.4.7 The cooling-off right is separate from Buyer Protection. If the Item is faulty, damaged, counterfeit or not as described, do not use cooling-off — raise a Dispute under clause 19 instead, because in that case the Seller bears the cost of putting it right and you are not limited to 7 days.

22.4.8 Cooling-off cancellations are handled by hand rather than through the in-App Dispute process, and using the cooling-off right does not consume your one Dispute under clause 18.4.

22.5 Future fixed-price and direct sales

22.5.1 BaZAR Live may in future introduce fixed-price sales, "buy it now" purchases, or direct sales that are not made during a Live Sale. Nothing on the platform works that way today.

22.5.2 If and when it does, those sales will be governed by supplementary terms published in the App before the first such sale, in addition to these Terms, and the full cooling-off right in section 44 of ECTA will apply to them.

22.6 Section 43(1) of ECTA requires an online supplier to make specified information available. The information relating to BaZAR Live appears in clause 36. Each Seller must make the equivalent information about itself available through its Trust Profile.

22.7 The remedies in this Part are additional to, and not a substitute for, statutory remedies. A Buyer may pursue a statutory remedy even if an in-App Dispute has been declined or has closed on a deadline.

PART F — CONTENT, CONDUCT, DATA AND SECURITY

23. Intellectual Property and User Content

23.1 The App, its software, design, database, trade marks, logos, name and all content created by BaZAR Live are owned by BaZAR Live or its licensors and are protected by South African and international intellectual property law. You may not copy, adapt, reverse engineer, scrape, frame, republish or exploit any part of the App except as these Terms permit.

23.2 You are granted a limited, revocable, non-exclusive, non-transferable licence to use the App for its intended purpose. All rights not expressly granted are reserved.

23.3 User Content. You retain ownership of the content you submit, including listing text, photographs, video and messages. By submitting content you grant BaZAR Live a worldwide, royalty-free, sub-licensable licence to host, store, reproduce, adapt for format and resolution, publish, display and distribute that content for the purposes of operating, promoting and improving the App, and for record-keeping, dispute resolution and legal compliance. This licence survives the closure of your account to the extent necessary for those purposes.

23.4 You warrant that you own or are licensed to use all content you submit, that it does not infringe any third party's rights, and that it does not contain unlawful material.

23.5 Live streams. Live streams are transmitted in real time. BaZAR Live does not record or store them, and there is no recording function in the App. A stream is therefore not available afterwards, to anyone, for any purpose — including as evidence in a Dispute. Sellers must nevertheless assume that anything said on a stream is a representation about the Item and may be relied on by a Buyer. If BaZAR Live introduces recording in future, it will be disclosed in the App and in the Privacy Policy before it begins, and this clause will be amended.

23.6 Sellers must not broadcast music, film, broadcast footage or other third-party protected material without a licence. BaZAR Live may mute, interrupt or terminate a stream to prevent infringement.

23.7 Takedown. If you believe content on the App infringes your rights, send a notice to hello@bazarlive.co.za identifying the content, the right infringed, the basis of your claim and your contact details. BaZAR Live will act in accordance with Chapter XI of ECTA and may remove content, disable a listing or suspend an account pending resolution. BaZAR Live is not obliged to monitor content proactively, and the protection afforded to service providers under ECTA is not waived.

23.8 Feedback you give us about the App may be used by us without restriction or compensation.

24. Acceptable Use Policy

24.1 You may not use the App to: break the law; infringe another person's rights; sell prohibited Items; deceive, defraud or mislead; launder money or move the proceeds of crime; evade tax; harass, threaten, stalk, defame or intimidate; publish hate speech or incitement as contemplated in the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000; publish sexually explicit material or any material involving minors; distribute malware; or interfere with the App's operation or security.

24.2 You may not: use bots, scrapers or automated tools on the App without our written consent; attempt to gain unauthorised access to any account, system or data; circumvent any rate limit, security control, verification step or geographic restriction; test or probe the App's vulnerabilities without authorisation; or reverse engineer any part of the App.

24.3 You may not use another User's personal information obtained through the App for marketing, credit assessment, profiling or any purpose other than completing and supporting the specific transaction. Adding a counterparty to a mailing list without consent is a breach of these Terms and of POPIA.

24.4 You may not misuse the messaging or live chat functions, including by sending spam, phishing links, payment requests, or invitations to transact off-platform.

24.5 Unauthorised access to a computer system or the interception of data may constitute an offence under the Cybercrimes Act 19 of 2020. BaZAR Live reports suspected offences to the South African Police Service.

24.6 BaZAR Live may investigate suspected breaches, preserve and review relevant records and communications on the platform, and take the steps set out in clause 31.

25. Personal Information and Privacy

25.1 BaZAR Live processes personal information as a responsible party in terms of POPIA, and in accordance with the BaZAR Live Privacy Policy, which forms part of these Terms and sets out in detail what is processed, why, on what lawful basis, with whom it is shared, how long it is kept and what your rights are.

25.2 In summary, we collect and process: registration and contact details; delivery addresses; the banking details and verification outcomes needed to pay Sellers; device, log and network data; transaction, Order and Dispute records, including the photographs uploaded to a Dispute; and messages sent through the App, including live chat. We do so in order to conclude and perform the contract, to comply with legal obligations, to prevent fraud, to resolve disputes and, where consent is given, to market to you.

25.3 We share personal information with: Paystack and its banking partners, for payment processing, settlement, bank verification and fraud prevention; PUDO and other logistics providers, for delivery; our hosting, database, streaming, storage, messaging and email providers; professional advisers; and law enforcement or regulators where legally required. Where information is processed outside South Africa, we require the safeguards contemplated in section 72 of POPIA. The Privacy Policy names the categories of recipient.

25.4 Buyers and Sellers each receive the personal information necessary to complete a transaction, including name, delivery address and contact number. Each party processes the other's information as a responsible party in its own right, must use it only for that transaction, must protect it with appropriate safeguards, and must not retain it longer than necessary or lawful.

25.5 Data minimisation in seller verification. A Seller's South African identity number is used to validate the Seller's bank account with our payment partner and is not stored by BaZAR Live. Only the outcome of the check and the verified banking details are retained.

25.6 Dispute evidence. Photographs and other evidence uploaded to a Dispute are stored privately and are served only through short-lived secure links to the parties to that Dispute and to BaZAR Live.

25.7 You have the rights set out in POPIA, including the right to access the information we hold about you, to request correction or deletion, to object to processing, to withdraw consent to marketing, and to complain to the Information Regulator. Requests may be sent to refund@bazarlive.co.za or to the Information Officer named in clause 36.

25.8 We retain records for as long as necessary for the purposes for which they were collected and for the periods required by law. Transaction and Dispute records are retained for at least three years (clause 9.4.3). Thereafter we delete or de-identify them.

25.9 Where a security compromise affecting personal information occurs, we will notify the Information Regulator and affected data subjects as required by section 22 of POPIA.

25.10 Our Information Officer is Robbert Michael Denyschen, registered with the Information Regulator under registration number 2026-066038. Contact details are in clause 36.

26. Fraud Prevention, Financial Crime and Platform Security

26.1 BaZAR Live operates risk controls including manual Seller vetting, bank verification, transaction limits for new Sellers, velocity and pattern monitoring, rate limiting, payment-notification signature verification, and an audit log of payment and Order state transitions.

26.2 BaZAR Live may, on reasonable suspicion of fraud, money laundering, terrorist financing, sanctions evasion, counterfeiting or dealing in stolen goods: pause a transaction; withhold settlement of the affected Order where the payment partner permits; require additional verification; suspend or freeze an account; refund a Buyer; and report the matter to the South African Police Service, the Financial Intelligence Centre, the South African Fraud Prevention Service, or any other competent authority.

26.3 You must co-operate with any reasonable investigation and provide requested information promptly. Failure to co-operate is itself a ground for suspension.

26.4 You must not attempt to use the App to test stolen card data, to process a payment for a transaction that did not occur, to structure payments to avoid limits or reporting, or to receive funds on behalf of another person.

26.5 BaZAR Live applies reasonable technical and organisational measures to secure the App, but no system is completely secure. You accept that you use the internet at your own risk in this respect, and you must report any security vulnerability you discover to hello@bazarlive.co.za rather than exploiting or publicising it.

26.6 BaZAR Live may be required by law, by a court order, or by our payment partners to disclose information about a User, an Order or a payment. Where we are permitted to tell you, we will.

26.7 How to tell a genuine BaZAR Live email — our no-links policy

BaZAR Live emails never contain links or buttons.

Not one. Our emails tell you what has happened and ask you to log in at bazarlive.co.za and open the order yourself.

If you receive an email that appears to be from BaZAR Live and it contains a link, a button, a QR code or an attachment asking you to click, sign in, verify an account, confirm a payment or change banking details, it is fraudulent. Do not click it. Forward it to hello@bazarlive.co.za and delete it.

26.7.1 This is a deliberate anti-phishing measure. Because we never send a link, any link claiming to be ours is identifiable as fake without you having to judge how convincing it looks.

26.7.2 BaZAR Live will never ask you, by email, by message or on a call, for your password, a one-time PIN, your full card number, or your card's CVV number.

26.7.3 BaZAR Live will never ask a Buyer to pay anywhere other than through the App, and will never notify a Seller of a change to BaZAR Live's banking details by email alone.

26.7.4 Emails sent by our payment partner about a payment or a refund are sent by Paystack under its own name, not ours, and may follow its own format.

PART G — LIABILITY, TERMINATION AND GENERAL PROVISIONS

27. Warranties and Disclaimers

27.1 Each User warrants that: the information they provide is true, accurate and complete; they have the legal capacity and authority to conclude these Terms; and their use of the App will comply with these Terms and with all applicable law.

27.2 Each Seller warrants, in respect of every Item, that it has the right to sell the Item, that the Item is as described, that the Item is not counterfeit, stolen or encumbered, and that the sale and shipment of the Item is lawful.

27.3 Subject to clause 27.4 and to the CPA, the App is provided on an "as is" and "as available" basis. BaZAR Live does not warrant that the App will be uninterrupted, error-free or free of harmful components, that streams will not lag or drop, that any Live Sale will attract Bids, that any Item will sell, or that any Seller or Buyer will perform their obligations.

27.4 Nothing in these Terms excludes or limits: any liability that cannot lawfully be excluded or limited; any right or remedy conferred on a consumer by the CPA or ECTA; liability for death or personal injury caused by negligence; liability for fraud or fraudulent misrepresentation; or liability for gross negligence, which may not be excluded in terms of section 51(1)(c)(i) of the CPA.

27.5 BaZAR Live gives no warranty as to the authenticity, quality, condition, legality, value or fitness for purpose of any Item, save where a listing expressly states that BaZAR Live has authenticated or inspected the Item and identifies the basis on which it did so.

28. Limitation of Liability

Read this clause carefully. It limits the amount you can recover from BaZAR Live.

28.1 Subject to clause 27.4, BaZAR Live is not liable for: (a) the acts, omissions, breaches, misrepresentations or insolvency of any Seller or Buyer; (b) the condition, description, safety or legality of any Item; (c) loss or damage caused by a courier, carrier or logistics provider; (d) any act, omission, delay, outage, fee change or decision of Paystack, an acquiring bank, an issuing bank or the national payment system; (e) loss caused by the User's own breach, negligence, credential compromise or provision of incorrect information; or (f) loss arising from a transaction concluded outside the App.

28.2 Subject to clause 27.4, BaZAR Live is not liable for indirect, incidental, special, punitive or consequential loss, including loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of goodwill, loss of data, or the cost of substitute goods, whether or not foreseeable.

28.3 Subject to clause 27.4, BaZAR Live's total aggregate liability to a Buyer in respect of any Order is limited to the total amount paid by that Buyer for that Order.

28.4 Subject to clause 27.4, BaZAR Live's total aggregate liability to a Seller in respect of any claim or series of related claims is limited to the total Commission received by BaZAR Live from that Seller in the 3 months preceding the event giving rise to the claim, or R[insert amount], whichever is greater.

28.5 Nothing in this clause limits BaZAR Live's obligation to pay a refund that is due to a Buyer under Part E or clause 22.4.

28.6 Each limitation in this clause is severable. If any limitation is found to be unenforceable, the remaining limitations continue to apply.

28.7 Any claim against BaZAR Live must be instituted within the applicable statutory prescription period. Nothing in these Terms shortens a prescription period or other time limit that may not lawfully be shortened by agreement.

29. Third-Party Services, Couriers and Links

29.1 The App integrates third-party services, including Paystack for payments, PUDO for shipping and tracking, streaming infrastructure, hosting and storage providers, and email delivery. Those services are governed by their own terms, and BaZAR Live is not responsible for their performance.

29.2 Where BaZAR Live arranges or recommends a courier, it does so as a convenience. The contract of carriage is between the Seller (or the Buyer, where the Buyer arranges collection) and the courier. Claims for loss or damage in transit must be pursued against the courier, and the Seller must lodge and pursue that claim where the Seller arranged the carriage. This does not affect the Buyer's right to a refund under Part E, which is not contingent on the outcome of a courier claim.

29.3 Links to third-party websites are provided for information only and do not imply endorsement. Note that BaZAR Live does not send links by email at all — see clause 26.7.

30. Indemnities

30.1 You indemnify BaZAR Live, and hold it harmless, against all claims, demands, actions, proceedings, losses, liabilities, damages, penalties, fines, costs and expenses (including reasonable attorney and own-client legal costs) arising out of or in connection with: (a) your breach of these Terms; (b) your breach of any applicable law; (c) any content you submit; (d) any misrepresentation you make; and (e) any claim by a third party arising from your use of the App.

30.2 In addition, each Seller indemnifies BaZAR Live against all claims, losses and costs arising from: (a) any Item the Seller sold, including claims that the Item was not as described, was defective, was unsafe, was counterfeit, was stolen, or infringed a third party's rights; (b) any claim under section 61 of the CPA in respect of harm caused by an Item the Seller supplied; (c) the Seller's failure to deliver, or to deliver on time; (d) any refund, Chargeback, penalty or fee arising from the Seller's conduct; (e) any tax liability that is properly the Seller's; and (f) the Seller's breach of POPIA in respect of a Buyer's personal information.

30.3 Each Buyer indemnifies BaZAR Live against all claims, losses and costs arising from an abusive, fraudulent or duplicated Dispute, or from a Chargeback initiated in bad faith.

30.4 BaZAR Live will notify the indemnifying party of any claim to which an indemnity applies, will allow that party a reasonable opportunity to participate in the defence at its own cost, and will not settle a claim without consulting that party. The indemnifying party may not settle a claim in a way that imposes an obligation on BaZAR Live without BaZAR Live's written consent.

30.5 This clause survives termination.

31. Restriction, Suspension and Termination

31.1 BaZAR Live may restrict, suspend, freeze or terminate a User's access to the App, or to any part of it, where: the User breaches these Terms; the User provides false information or fails verification; there are reasonable grounds to suspect fraud, financial crime or dealing in prohibited Items; the User's performance metrics, strike count, dispute rate or Chargeback rate breaches the thresholds in Schedule E; a Seller Debt remains unpaid and no repayment arrangement has been made (clause 16.7); the User's conduct places other Users, BaZAR Live or our payment partners at risk; the User is placed in liquidation, business rescue or sequestration; or our payment partners or a regulator require it.

31.2 Where the circumstances allow, BaZAR Live will give notice and an opportunity to remedy. Where the breach is serious, ongoing or presents an immediate risk, BaZAR Live may act first and give notice afterwards. An Account Freeze under clause 16.7 is applied only after the Seller has been notified of the amount owed.

31.3 On restriction, suspension, freeze or termination: (a) the User's listings and Live Sales may be removed; (b) the User must still perform every obligation under an Order already concluded, including delivery and refund obligations; (c) amounts owing to BaZAR Live become immediately due; (d) BaZAR Live may hold security under clause 16.8 until all applicable Dispute and Chargeback periods expire; and (e) BaZAR Live may retain records as required by law and for the defence of claims.

31.4 A User may terminate by closing their account under clause 4.7.

31.5 BaZAR Live may discontinue the App or any feature of it, or cease operations, on reasonable notice. In that event, BaZAR Live will complete or refund Orders in progress, and will settle amounts properly due, in each case subject to any lawful set-off.

31.6 A User whose account is terminated may not re-register without BaZAR Live's written consent.

31.7 A terminated Seller may request return of any security held, which will be released after all applicable Dispute and Chargeback periods have expired and all amounts owing have been settled.

32. Notices and Electronic Communications

32.1 You consent to receiving communications from BaZAR Live electronically, including by email, in-App notification and push notification. Communications sent to the email address on your account are deemed received on the Business Day after sending, unless the sender receives a delivery failure notice.

32.2 Legal notices to BaZAR Live must be sent to hello@bazarlive.co.za and, where a physical address is required, to BaZAR Live's registered address in clause 36. BaZAR Live's domicilium citandi et executandi is the address stated in clause 36, and BaZAR Live may change it on written notice.

32.3 You must keep your contact details current. You bear the consequences of failing to receive a notice because your details were out of date.

32.4 Data messages, electronic records and platform logs are admissible as evidence in terms of section 15 of ECTA, and you agree not to dispute their admissibility on the ground that they are in electronic form.

32.5 Marketing communications are sent only where permitted by POPIA and the CPA, and every marketing message includes an unsubscribe mechanism. Withdrawing marketing consent does not stop transactional and service messages.

32.6 Our emails never contain links or buttons. A genuine BaZAR Live email tells you what has happened and asks you to log in at bazarlive.co.za and open the relevant order yourself. Any email that claims to be from BaZAR Live and contains a link is fraudulent. See clause 26.7.

33. Changes to these Terms

33.1 BaZAR Live may amend these Terms. Amendments are published in the App with an updated version number and effective date.

33.2 Where an amendment is material and adverse to Users, BaZAR Live will give at least 14 days' notice before it takes effect, by email or in-App notice, except where an immediate change is required by law, by a regulator or by our payment partners.

33.3 Continued use of the App after an amendment takes effect constitutes acceptance. If you do not accept an amendment, you must stop using the App and may close your account.

33.4 The version of these Terms in force at the time an Order is concluded governs that Order. An amendment does not retrospectively alter the rights and obligations attaching to a concluded Order.

33.5 BaZAR Live keeps and, on request, will provide a copy of the version of these Terms in force on a stated date.

34. Force Majeure

34.1 Neither party is liable for a failure or delay in performance caused by an event beyond its reasonable control, including natural disaster, fire, flood, epidemic, war, civil unrest, riot, strike, national or regional load-shedding and electricity failure, failure of telecommunications or internet infrastructure, failure of the national payment system, cyber attack, or any act of government or regulator.

34.2 The affected party must notify the other as soon as reasonably possible and must take reasonable steps to mitigate.

34.3 A Buyer remains entitled to a refund where an Item is not delivered as a result of a force majeure event, and a Seller is not penalised in its performance metrics for a delay caused by such an event, provided the Seller notifies BaZAR Live and the Buyer promptly.

34.4 If a force majeure event continues for more than 30 days in respect of a particular Order, either party to that Order may cancel it, and the Buyer is entitled to a full refund.

35. General

35.1 Entire agreement. These Terms, together with the Schedules, the Privacy Policy, the Acceptable Use Policy and, in the case of Sellers, the Seller Agreement, constitute the entire agreement between the parties in respect of their subject matter, and supersede all prior representations, agreements and understandings, including BazarLive Terms and Conditions Rev 01.

35.2 No waiver. No indulgence, extension of time or failure to enforce a right constitutes a waiver of that right, and no waiver is effective unless in writing.

35.3 Severability. If any provision is found to be invalid, unlawful or unenforceable, it is severed to the minimum extent necessary and the remaining provisions continue in force. Where possible, the provision is to be read down so as to be enforceable rather than severed.

35.4 Cession and assignment. BaZAR Live may cede, assign, delegate or transfer its rights and obligations under these Terms, in whole or in part, including in connection with a merger, restructuring or sale of business, on notice to Users. A User may not cede or assign any right or obligation without BaZAR Live's prior written consent.

35.5 Relationship of the parties. Nothing in these Terms creates a partnership, joint venture, employment relationship or franchise between BaZAR Live and any User. Sellers are independent merchants and are not agents or employees of BaZAR Live, except to the limited extent stated in clause 3.2.

35.6 Variation. Save for BaZAR Live's right to amend these Terms under clause 33, no variation, addition or consensual cancellation of these Terms is valid unless reduced to writing and agreed by both parties. No oral undertaking by any employee, contractor or streamer varies these Terms.

35.7 Governing law and jurisdiction. These Terms and every Order concluded on the App are governed by the law of the Republic of South Africa. The parties consent to the jurisdiction of the Magistrates' Court having jurisdiction over the User in terms of section 28 of the Magistrates' Courts Act 32 of 1944, without prejudice to BaZAR Live's right to institute proceedings in the High Court. Nothing in this clause deprives a consumer of access to the CPA's dispute resolution mechanisms or to the Small Claims Court.

35.8 Costs. A party in breach is liable for the reasonable legal costs incurred by the other party in enforcing its rights, on the attorney and own-client scale, together with collection commission and tracing fees, subject to any limit imposed by law.

35.9 Survival. Clauses 1, 3, 7.3, 13, 16, 17, 20.8, 23, 25, 27, 28, 30, 31.3, 32 and 35, and any other provision that by its nature is intended to survive, remain in force after termination.

35.10 Third parties. No person other than a party to these Terms acquires any right under them, save that BaZAR Live's affiliates, directors, officers and employees may enforce clauses 27, 28 and 30 for their own benefit as a stipulatio alteri, which they may accept at any time.

35.11 Language. These Terms are drafted in English. Any translation is for convenience, and the English version prevails.

35.12 Electronic acceptance. You accept these Terms electronically by ticking the acceptance box, registering an account, placing a Bid or completing an Order. That acceptance has the same legal effect as a signature in terms of ECTA.

35.13 Records. BaZAR Live's records, including the audit log referred to in clause 14.3.9, constitute prima facie proof of the matters they record, save where a User proves the contrary.

36. Company Information and How to Contact Us

The following information is provided in accordance with section 43(1) of ECTA and section 24 of the CPA.

The founder's direct contact details are also published on the About page in the BaZAR Live app.

SCHEDULES

The Schedules form part of these Terms. BaZAR Live may amend a Schedule in accordance with clause 33, and in the case of fees, in accordance with clause 13.5.

Schedule A — Fees, Commission and Charges

No buyer's premium is charged. No fee is payable by a Buyer that was not displayed before checkout.

All amounts are in South African Rand and are [inclusive / exclusive] of VAT at the applicable rate. [Confirm and delete the option that does not apply.]

Schedule B — Prohibited and Restricted Items

B1. Prohibited — may never be listed

• Counterfeit, replica, imitation or unlawfully branded goods, and any goods bearing a mark applied without the rights holder's authority.
• Stolen property, goods with removed, altered or defaced serial numbers, and goods that are the subject of a police investigation.
• Firearms, ammunition, primers, explosives, air guns above the regulated threshold, and firearm parts requiring a licence.
• Illegal drugs, narcotics, precursor chemicals, and drug paraphernalia.
• Scheduled medicines, prescription medication, unregistered health products, and unapproved medical devices.
• Human remains, human tissue, organs and body fluids.
• Protected or endangered wildlife, ivory, rhinoceros horn, and any product restricted under CITES or the National Environmental Management: Biodiversity Act 10 of 2004.
• Live animals.
• Sexually explicit material, and any material depicting or involving minors.
• Hate-speech material, and items promoting violence, terrorism or unlawful discrimination.
• Hazardous, radioactive, corrosive, flammable or toxic substances, and asbestos-containing products.
• Devices intended to intercept communications, defeat security systems, clone cards, or circumvent access controls; and stolen or blacklisted mobile devices.
• Government-issued identity documents, passports, licences, uniforms, badges and official insignia.
• Lottery tickets, gambling products, unregistered financial products, cryptocurrency, gift-card balances obtained unlawfully, and any instrument that transfers value rather than goods.
• Any item whose sale, possession, import or export is unlawful in South Africa, and any item prohibited by the Paystack Acceptable Use Policy.

B2. Restricted — permitted only on the stated conditions

This Schedule is not exhaustive. A Seller must satisfy itself independently that an Item may lawfully be sold and shipped. Where the Paystack Acceptable Use Policy is stricter than this Schedule, the Paystack position applies.

Schedule C — Dispute Evidence Matrix

Live streams are not recorded and are therefore not available as evidence in any Dispute (clause 10.6). The listing, the photographs and the written description are the record of what was sold.

Shipping is refunded only where the Dispute covers the whole Order or the reason is that the Order was not delivered (clause 20.3).

Schedule D — Master Timeline and Service Levels

Clock shows which deadlines run in Business Days (Monday to Friday, South African time, excluding South African public holidays, per clause 1.2) and which run in ordinary calendar time.

Schedule E — Seller Tiers, Limits, Performance Thresholds and Strikes

E1. Tiers and limits

Figures below are drafting suggestions. Set them against your own risk appetite and your exposure on refunds you fund before repayment.

E2. Seller performance thresholds

E3. Seller strikes (clause 12.6)

A strike is recorded for cancelling a confirmed sale or failing to fulfil a paid Order, and for failing to respond to a Dispute within 2 Business Days. No strike is recorded merely because a Dispute is decided against the Seller.

Thresholds are recorded here so that they can be adjusted without amending the body of the Terms. Strikes are applied by BaZAR Live, which will notify the Seller each time one is recorded, what caused it, and how to respond.

E4. Buyer thresholds and strikes (clauses 5.2.3 and 7.5)

As with Seller strikes, these are recorded and applied by BaZAR Live from the platform's own records of what happened. No counter runs on its own and no account is restricted automatically.

Schedule F — Payment and Order Flow Reference

This Schedule restates the operational model for reference and must be kept in step with the live payment configuration.

F1. Parties and roles

F2. Split configuration

• Split type: dynamic split, set when the card transaction is initialised.
• Seller Subaccount receives: the item total less 8% Commission, plus 100% of shipping.
• BaZAR Live main account receives: 8% of the item total.
• Fee bearer: the Subaccount (the Seller). The Paystack transaction fee is deducted from the Seller's share.
• Settlement: Paystack standard cycle, currently T+2, directly to each party's verified bank account. BaZAR Live never holds Seller funds on a card payment.
• Confirmation: a signature-verified payment notification, before the Order moves to payment confirmed and the Seller is notified to ship.
• Refunds: processed by BaZAR Live, funded from BaZAR Live's own account, to the Buyer's original payment method.
• Repayment: arranged directly between BaZAR Live and the Seller under clause 16. Automatic recovery from a Seller's sales or payouts is not used.

F3. Order states

Every transition above is written to the audit log referred to in clause 14.3.9.

End of document.

How we handle your personal information is set out in our Privacy Policy.