Terms & Conditions

Introduction

By using the Service offered through this Website, you are bound by the terms and conditions as set out below. If you do not agree to be bound by these terms and conditions, you may not use or access our Service.

Key Definitions

  • “Company”, “(Mobatly Media & Marketing t/a My Crib South Africa  Marketplace” (“us”, “we”, “our” and “ours”) means My Crib South Africa  Marketplace,
  • “clients” means any person who submits or publishes a project on the Website for Professionals to quote on or purchase service/design.
  • “Projects” means a project/job submitted by a client via our service.
  • “Users”, “You” means anyone making use of the My Crib South Africa  Marketplace Services.
  • “Service” means any procedure or service that is provided by My Crib South Africa  Marketplace to Users, which includes, but is not limited to information, services and products provided through the Website or by telephone or email.
  • “Professionals” means any business or individual that registers on the Website to quote for work posted by clients.
  • “Trade Membership” means that Professionals have an active subscription to receive leads within their defined working areas and for their selected skills and trades.
  • “Website” means the website mycrib.co.za and all the pages, content and sub-domains contained therein.
  • “Expressing interest”, “Expressed interest” means contacting, quoting or messaging a client via our Service.
  • “Lead” is a project in which we allow you to Express Interest.

Governing Law & Jurisdiction

These Terms and Conditions shall be governed by and construed under South African Laws. Disputes arising in connection with these Terms and Conditions shall be subject to the South African courts’ exclusive jurisdiction.

If any provisions hereof are held to be illegal or unenforceable, such provisions shall be severed, and the remainder of this Agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated thereby.

Overview

My Crib South Africa  Marketplace provides an online marketplace for architectural and related Professionals providing services and products and potential clients who need their products & services.

Commissions, Fees, Payment Terms and Refunds

My Crib South Africa  Marketplace cannot influence any particular project’s outcome and does not guarantee that Professionals will secure work from the projects they are bidding for.

You agree that My Crib South Africa  Marketplace will keep 20% of the total project value as the commission for services rendered through mycrib.co.za platform. This commission is inclusive of transaction fees and any other fees incurred. 

Accuracy of Information

Although we attempt to ensure that it is correct and accurate, My Crib South Africa  Marketplace cannot guarantee the accuracy of the information on this Service and are not liable for any problems or losses arising from errors in the content.

In using the Services provided by My Crib South Africa  Marketplace, you acknowledge that My Crib South Africa  Marketplace is not acting as a Professionals and is not responsible for any work done. It is the client’s responsibility to select suitable Professionals and negotiate the terms for any work that they undertake. My Crib South Africa  Marketplace will not be involved or held liable for the client and Professionals’ agreement.

Before entering into a contract with any Professionals, we recommend that any client obtains confirmation of insurance cover, guarantees, qualifications, and any other necessary document. If you suffer any problems or losses resulting from acting on the information provided outside of the Website, My Crib South Africa  Marketplace will not be liable.

Content

You agree to use the website only for lawful purposes and in a way that does not infringe the rights of or restrict or inhibit anyone else’s use and enjoyment of the website. Messages, profiles, project descriptions and other content must be civil and tasteful.

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from My Crib South Africa  Marketplace, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for all content you post, email or otherwise make available via the Service.

You understand that My Crib South Africa  Marketplace does not control and is not responsible for content made available through the service. Furthermore, the My Crib South Africa  Marketplace site and content available through the Service may contain links to other websites, completely independent of My Crib South Africa  Marketplace. My Crib South Africa  Marketplace makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website.

Your linking to any other websites is at your own risk. You agree that you must evaluate and bear all risks associated with the use of any content, that you may not rely on said Content, and that under no circumstances will My Crib South Africa  Marketplace be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via My Crib South Africa  Marketplace.

You acknowledge that My Crib South Africa  Marketplace does not pre-screen or approve all content but that My Crib South Africa  Marketplace shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the website for violating the letter or spirit of the terms or for any other reason.

Verification 

If you are using the services provided by My Crib South Africa  Marketplace as a professional, you understand that My Crib South Africa  Marketplace will request you to provide verifiable identification, and your access to certain services on My Crib South Africa  Marketplace will be limited until such verification is completed. 

If you are using the services provided by My Crib South Africa  Marketplace as a client, you understand that My Crib South Africa  Marketplace will require you to verify your email address and mobile phone number, and your access to certain services on My Crib South Africa  Marketplace will be limited until such verification is completed. 

Intellectual Property

My Crib South Africa  Marketplace owns all the intellectual property rights relating to the site, including the designs, text, database, graphics, and layouts. You agree not to use or copy any part thereof without our express permission.

The copyright owner retains the intellectual property rights on postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”). Users upload to My Crib South Africa  Marketplace, and these are added to the site by Users at their own risk. In doing so, you are giving expressed and irrevocable permission to store, display and use the content.

You agree that My Crib South Africa  Marketplace shall not be responsible or LIABLE for any infringement claims by 3rd parties emanating from the content you posted on the website.

Dealings with organizations and individuals

Your interactions with organizations and/or individuals found on or through the Website, including delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.

You agree that My Crib South Africa  Marketplace shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Users and any third party, you understand and agree that My Crib South Africa  Marketplace is under no obligation to become involved.

If of such dispute, you hereby release My Crib South Africa  Marketplace, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

Protection for Buyers

Types of Problems Covered. My Crib South Africa  Marketplace Purchase Protection (also known as My Crib South Africa  Marketplace Buyer Protection) helps you if you encounter either of these problems:

  • You did not receive the service/item you paid for through My Crib South Africa  Marketplace – “Item/service Not Received” (INR), or
  • You received an item/service you paid for through My Crib South Africa  Marketplace, but it is “Significantly Not as Described” (SNAD) (as described below)
  • You are not satisfied with the service rendered by the Professionals from My Crib South Africa  Marketplaces – Service Not Satisfactory” (SNS)

An item/service is “Significantly Not as Described” if it is materially different from what the Professional described in the item listing. Here are some examples:

  • You received a completely different item. For example, you purchased a book and received a DVD or an empty box.
  • The condition of the item was misrepresented. For example, the description when you bought the item said “new”, and the item was used.
  • The item was advertised as authentic but is not authentic.
  • The item is missing major parts or features which were not disclosed in its description when you bought the item.
  • You purchased three items from a Professional but only received two.
  • The item was damaged during the shipment.

An item is not Significantly Not as Described if it is materially similar to the Professional’s item listing description. Here are some examples:

  • The Professional correctly described the defect in the item.
  • The item was properly described, but you didn’t want it after receiving it.
  • The item/service was properly described but did not meet your expectations.
  • The item has minor scratches and was listed as a used condition.

My Crib South Africa  Marketplace will not reimburse you for the return shipping costs you incur to return a Significantly Not As Described item to the Professional or other party specified by My Crib South Africa  Marketplace. If the Professional presents evidence that they delivered the goods to your address, My Crib South Africa  Marketplace may favour the Professional for an Item Not Received claim even if you did not receive the goods.

Dispute Resolution. If you are unable to resolve a problem directly with a Professional, you can go to the Resolution Centre and follow this process:

  • Open a Dispute. Open a Dispute within 14 Days of the date the service was completed or delivered. We will place a hold on all funds related to the Professional’s Account transaction until the Dispute is resolved or closed.
  • Escalate the Dispute to a Claim. If you and the Professional cannot agree, you can escalate the Dispute to a Claim within 20 Days after opening the Dispute.
    You must wait at least 7 days from the date of payment to escalate a Dispute for an Item Not Received (INR). If you do not escalate the Dispute to a Claim within 20 Days, My Crib South Africa  Marketplace will close the Dispute.
  • Respond to My Crib South Africa  Marketplace’s requests for information promptly. During the Claim process, My Crib South Africa  Marketplace may require you to provide documentation to support your position. You may be asked to provide receipts, third party evaluations, police reports, photos or anything else that My Crib South Africa  Marketplace specifies.
  • Comply with My Crib South Africa  Marketplace’s shipping requests promptly. For Significantly Not as Described (SNAD) Claims, My Crib South Africa  Marketplace may require you, at your expense, to ship the item back to the Professional, My Crib South Africa  Marketplace, or a third party and to provide proof of delivery.
  • Claim Resolution Process. Once a Dispute has been escalated to a Claim, My Crib South Africa  Marketplace will make a final decision favouring the buyer or the Professional. You may be asked to provide receipts, third party evaluations, police reports, photos, or anything else that My Crib South Africa  Marketplace specifies. My Crib South Africa  Marketplace retains full discretion to make a final decision favouring the buyer or the Professional based on any criteria My Crib South Africa  Marketplace deems appropriate. If My Crib South Africa  Marketplace makes a final decision favouring the buyer or Professional, each party must comply with My Crib South Africa  Marketplace’s decision. My Crib South Africa  Marketplace will generally require the buyer to ship an item that the buyer claims is SNAD back to the Professional (at the buyer’s expense), and My Crib South Africa  Marketplace will generally require a Professional to accept the item back and refund the buyer the full purchase price plus original shipping costs. If a Professional loses a Claim, the Professional will not receive a refund on his/her My Crib South Africa  Marketplace fees associated with the transaction. If you lose a SNAD Claim because the item you sold is counterfeit, you will be required to provide a full refund to the buyer, and you may not receive the item back (it will be destroyed).

Accounts

Opening Account

To become a User and access the Site and Services, you must register for an “Account.” You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site and update it to maintain its truthfulness, accuracy and completeness.

Accounts

You agree that you will not receive interest or other earnings on the funds that mycrib.co.za handles as your contractor. mycrib.co.za may receive interest on those funds. mycrib.co.za will not be liable for any lost interest on such funds.

All amounts are stated, and all payments will be made in South African Rands. mycrib.co.za reserves the right to suspend a withdrawal if the funds’ source is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit (e.g. stolen credit card) will be reversed immediately. If a withdrawal has already been processed in a fraudulent payment situation, you will be expected to return the funds to your mycrib.co.za Account or face termination and any other remedies available to mycrib.co.za to recover the funds.

Any User that mycrib.co.za removes from the service due to the User Agreement’s violation will receive no credit or payment and will become liable for certain fees described in this User Agreement.

mycrib.co.za requires you to make all payments to mycrib.co.za and make payments to and accept payments from other Users in the purchase and sale of Services for mycrib.co.za projects directly through the mechanisms available on the Site. You understand and agree that mycrib.co.za will not hold funds (including Milestone Payments) delivered to mycrib.co.za from Users for the purchase and sale of Services in a separate account, but may commingle and deposit such funds with other funds to be paid to other Users and with funds of mycrib.co.za in any account, at any institution, or in any other manner mycrib.co.za may decide in its sole discretion from time to time. Also, you understand that such commingled funds could be used to pay other Users and by mycrib.co.za for general corporate purposes or otherwise, provided that mycrib.co.za will remain contractually obligated to make payment to you, as My Crib South Africa  Marketplace or Employer, for any purchases and sales of Services provided by you through mycrib.co.za. To the extent mycrib.co.za is obligated to make payment to you, you will be an unsecured creditor of mycrib.co.za.

Acknowledgement

You acknowledge that: (1) mycrib.co.za is not a bank or other licensed financial institutions and does not provide banking services; (2) the amounts shown as on deposit, including Milestone Payments, in a User Account are not segregated into a separate account but represent unsecured obligations of mycrib.co.za to the User concerning the purchase and sale of Services through mycrib.co.za; (3) mycrib.co.za is not acting as a trustee or fiduciary concerning such funds or payments, but is acting only as an agent and (4) amounts transferred through or stored in the payment service are not insured or guaranteed deposits. Your Account will not constitute a milestone. By initiating and sending payments through mycrib.co.za, you appoint mycrib.co.za as your agent to obtain the funds and hold and transfer such funds to the Professionals/Suppliers for Services/Items, subject to these terms and conditions.

Account Balances

If your Account has a negative balance, mycrib.co.za may set off the negative balance with any funds that you subsequently receive into your Account. If mycrib.co.za offsets a negative balance according to this clause, it may be bundled with another debit coming out of your Account. To secure your performance of this Agreement, you grant mycrib.co.za a lien on and security interest in and to the funds held in your Account in possession of mycrib.co.za

Chargebacks

You acknowledge and agree that mycrib.co.za will be entitled to recover any chargebacks that may be imposed on mycrib.co.za by a credit card issuer on funds paid to you by clients through the Site. A chargeback occurs when a client rejects or reverses a charge on their credit card through the credit card issuer. You agree that mycrib.co.za may reverse any such payments made to you, subject to chargeback via a credit card issuer. To cover the cost of processing chargebacks, mycrib.co.za assesses a ZAR 250.00 fee to Users for credit and debit card payment chargebacks.

Hold on funds

mycrib.co.za, in its sole discretion, may place a hold on any or all of the payments you receive when My Crib South Africa  Marketplace believes there may be a high level of risk associated with you, your Account, or any or all of your transactions. If My Crib South Africa  Marketplace places a hold on any or all of the payments you receive, you will be provided with notice of our actions and how to resolve the issue. If you are involved in a dispute, in certain circumstances, My Crib South Africa  Marketplace may place a temporary hold on the funds in your account to cover the amount of any potential liability. If the dispute is resolved in your favour, My Crib South Africa  Marketplace will lift the temporary hold. If you lose the dispute, My Crib South Africa  Marketplace may remove your Account’s funds.

Insufficient funds in Accounts

If there are not sufficient funds in your User Account to meet outstanding fees, My Crib South Africa  Marketplace reserves the right to collect any amounts owing to My Crib South Africa  Marketplace by any other legal means.

Taxes

You are responsible for paying any taxes, including any goods and services or value-added taxes, which may be applicable depending on the jurisdiction of the services provided by My Crib South Africa  Marketplace. These taxes will be added to fees billed to you if applicable.

Identity Authentication

You authorise My Crib South Africa  Marketplace, directly or through third parties, to make any inquiries we consider necessary to validate your identity in compliance with the South Africa Law. This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you; requiring you to take steps to confirm ownership of your email address or financial instruments; ordering a credit report; or verifying your information against third party databases or through other sources. We may ask to see your driver’s licence or other identifying documents at any time to reasonably identify you as part of our own anti-fraud measures. In some circumstances, we may ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step. The Site reserves the right to close, suspend, or limit access to your User Account and/or My Crib South Africa  Marketplace Services in the event we are unable to obtain or verify to our satisfaction the information required by this clause.

Withdrawals

Funds added to your account due to a promotion or goodwill gesture cannot be withdrawn but used on the site.

All Services

You agree you are responsible for paying our invoices within the invoice’s payment terms. If your account has an invoice that is more than 14 days overdue, your account will be automatically restricted.

Refunds may occasionally be offered in other circumstances at the discretion of My Crib South Africa  Marketplace.

If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorised to make such a purchase.

You agree to receive all invoices by email to the email address you have given us. It is your responsibility to ensure that this email address is working correctly.

Failed & Disputed Payments

If you have a question about a charge on your credit or debit card, you agree to contact us using the form available on our Contact Us page.

Should any payment method you use fail or is later reclaimed by the bank or card issuer, you agree to pay any costs incurred by us plus an R150 administration fee.

Feedback

You agree that clients can leave you feedback after you have completed the project they have appointed you for.

All Professionals will be subject to feedback evaluations from clients for whom they carry out work, thereby understanding that My Crib South Africa  Marketplace is not responsible for the evaluation content that those clients post or any harm done by such content.

The client who posts the feedback is directly responsible for their written evaluation. My Crib South Africa  Marketplace may remove feedback in some exceptional circumstances, but only at its sole discretion. Likewise, any client of the website who posts feedback about a Professionals is responsible for its accuracy and legality.

All Users understand that any use of profanity, libellous behaviour, illegal activity, or any other form of abuse of the feedback function or any other part of the website may be banned from further use and reported to the authorities, if applicable.

My Crib South Africa  Marketplace performs several checks on feedback to ensure authenticity and may, at our sole discretion, remove any feedback that we cannot verify.

Removal or lack of feedback does not alter the Professionals’ obligation to pay any associated success fee.

Limitations

You acknowledge that My Crib South Africa  Marketplace may establish limits concerning the use of the Website, including but not limited to the maximum number of days that the website will retain content, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Website, and the frequency with which you may access the website.

You agree that My Crib South Africa  Marketplace has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website. You also acknowledge that My Crib South Africa  Marketplace reserves the right at any time to modify or discontinue the website (or any part thereof) with or without notice and that My Crib South Africa  Marketplace shall not be liable to you or any third party for any modification, suspension or discontinuance of any services.

You agree that My Crib South Africa  Marketplace shall not be liable for any loss or damages arising from the provision (or non-provision) of any part of the service, including loss of profit or consequential loss or damage.

Avoiding Commissions

Prohibition on negotiation of fee outside of My Crib South Africa  Marketplace Site

You are strictly prohibited from negotiating the fee for a project with another user directly (outside of mycrib.co.za) after that project has been created/opened and before that project has been closed (i.e. during an on-going project). This also applies to any closed project without My Crib South Africa  Marketplace being chosen and then contacting them about the project anyway. Both parties are responsible for notifying My Crib South Africa  Marketplace if the payment amount increases (above the bid amount) after the project is closed.

You are strictly prohibited from under-bidding on projects in an attempt to renegotiate the actual price privately, avoiding fees. We aim to provide a fair and open playing field at mycrib.co.za, and such activities interfere with providing such a marketplace. My Crib South Africa  Marketplace may charge project commissions on all funds received by either direct transfer or Milestone Payment through the site, regardless of the final bid amount.

We believe our commissions are fair and justified for the service we provide; therefore, we will absolutely not tolerate any fee avoidance or underbidding on the Site.

Email

Users agree not to post their e-mail address on the site, except in the “e-mail” field of the signup form or when asked by mycrib.co.za. You may use the project message board and inbox private messaging on-site to communicate. This applies to e-mail addresses and all methods of communication, including phone, ICQ, AIM, MSN Messenger, GTalk and Yahoo.

Providing contact information

You are prohibited from making direct contact with another User outside of mycrib.co.za. This includes giving out your e-mail address, Skype ID, ICQ number, phone number, or any other contact method outside of this site. mycrib.co.za provides you with message boards, which should be sufficient for project planning and communication with other Users unless mycrib.co.za intentionally provides such contact information through a feature or function.

Termination of service

You agree that My Crib South Africa  Marketplace, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email address, or otherwise terminate or restrict your access to or use of the website, immediately and without notice, and remove and discard any content within the website, for any reason, including, without limitation, if My Crib South Africa  Marketplace believes that you have acted inconsistently with the letter or spirit of the terms.

Further, you agree that My Crib South Africa  Marketplace shall not be liable to you or any third party for any termination or restriction of your access to the website.

Further, you agree not to attempt to use the website after said termination.

Changes

My Crib South Africa  Marketplace reserves the right to change or update these terms and conditions from time to time. As a website user, you are responsible for acknowledging any updates of these terms and conditions by visiting this section. Any significant changes in the terms and conditions will be followed by notification emails to all active Users.