Your local marketplace to buy and sell

Terms and Conditions

The following terms and conditions (the "Agreement") form a binding agreement between you and Spree ('www.shop-spree.com'). Please review the following terms carefully. By using the Site or any Spree Services, you are agreeing to these terms, as well as our Privacy Policy (published at http://www.shop-spree.com/static/privacy.html and incorporated here by reference), and all of these terms will govern your use of the Site and our Services. If you do not agree to these terms, you must cease use of the Site and our Services. The term "you" refers to the person accessing or using the Site or our Services, or the company or organization on whose behalf that person accesses the Site or our Services.

Our Services

Spree acts as a marketplace to allow users who comply with Spree's policies to offer, sell and buy goods within a fixed-price format. Spree is not directly involved in the transaction between buyers and sellers. As a result, Spree has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Spree does not pre-screen users or the content or information provided by users. Spree cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, Spree does not transfer legal ownership of items from the seller to the buyer.

Spree cannot guarantee the true identity, age, and nationality of a user. Spree encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

You agree that Spree is a marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Spree. You use the Spree service at your own risk.

Membership Eligibility

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

Spree may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use Spree's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Spree's policies as stated in the Agreement and the Spree policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Spree, each of which is incorporated herein by reference and each of which may be updated by Spree from time to time without notice to you.

In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Spree from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Spree you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.

Account Transfer: You may not transfer or sell your Spree account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: Spree's services are not available to temporarily or indefinitely suspended Spree members. Spree reserves the right, in Spree's sole discretion, to cancel unconfirmed or inactive accounts. Spree reserves the right to refuse service to anyone, for any reason, at any time.

Fees

Joining and setting up a shop on Spree is free. Spree charges fees for listing an item for sale, as well as a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. Spree's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Spree's services are effective after Spree provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, Spree may choose to temporarily change the Fees Policy and the fees for Spree's services for promotional events (for example, free listing days); such changes are effective when Spree posts the temporary promotional event on the Site. Spree may, at Spree's sole discretion, change some or all of Spree's services at any time. In the event Spree introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in South Africa Rand (R).

You are responsible for paying all fees and applicable taxes associated with using Spree. Spree keeps accepted payment information on file. At the beginning of the month, each seller is emailed an invoice detailing the amount due. A seller must pay the amount due in full within 15 days of the date of the invoice.

Fees and Termination: If Spree terminates a listing or your account, if you close your account, or if the payment of your Spree fees cannot be completed for any reason, you remain obligated to pay Spree for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel).

Listing and Selling

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Spree's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Spree shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Shop Policies: All sellers are urged to outline shop policies for their Spree shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Spree's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Spree reserves the right to request that a seller modify a shop policy.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Spree transaction fees, misrepresent the item's location, or use another user's account without permission.

Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to Spree and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Spree.

Restricted Activities: Your Content and your use of Spree shall not:

Be false, inaccurate or misleading
Be fraudulent or involve the sale of illegal, counterfeit or stolen items
Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
Violate this Agreement and any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
Contain items that may be hazardous to consumers and therefore subject to a recall
Be defamatory, trade libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Spree staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
Be obscene or contain child pornography
Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
Host images not part of a listing
Modify, adapt or hack Spree or modify another website so as to falsely imply that it is associated with Spree;
Appear to create liability for Spree or cause Spree to lose (in whole or in part) the services of Spree's ISPs or other suppliers
Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement

Furthermore, you may not list any item on Spree (or consummate any transaction that was initiated using Spree's service) that, by paying to Spree the listing fee or the final value fee, could cause Spree to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Content

License: Spree does not claim ownership rights in your Content. You grant Spree a license solely to enable Spree to use any information or Content you supply Spree with, so that Spree is not violating any rights you might have in that Content. You grant Spree a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Spree to store or re-format your Content on Spree and display your Content on Spree in any way as Spree chooses. Spree will only use personal information in accordance with Spree's Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Spree user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Spree-related communications. Spree has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Spree user to your email or physical mail list. For more information, see Spree's Privacy Policy.

Re-Posting Content: By posting Content on Spree, it is possible for an outside website or a third party to re-post that Content. You agree to hold Spree harmless for any dispute concerning this use. If you choose to display your own Spree-hosted image on another website, the image must provide a link back to its listing page on Spree.

Idea Submissions: Spree considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Spree shall not be liable for the disclosure or use of such Material. If, at Spree's request, any member sends Material to improve the site (for example through the Forums or to customer support), Spree will also consider that Material to be non-confidential and non-proprietary and Spree will not be liable for use or disclosure of the Material. Any communication by you to Spree is subject to this Agreement. You hereby grant and agree to grant Spree, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

Information Control

Spree does not control the Content provided by users that is made available on Spree. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretence.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using Spree, you agree to accept such risks and that Spree (and Spree's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Spree. Please use caution, common sense, and practice safe buying and selling when using Spree.

Other Resources: Spree is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Spree does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Spree shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

Resolution of Disputes and Release

The laws of South Africa govern the interpretation of this Agreement and any disputes arising in connection with it, regardless of conflict of laws principles. Any claim or dispute between you and Skoop that arises out of or relates to this Agreement shall be decided exclusively by a court of competent jurisdiction located in Cape Town, South Africa.

In the event a dispute arises between you and Spree, please contact Spree.

Should you have a dispute with one or more users, or an outside party, you release Spree (and Spree's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Spree encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

Spree, for the benefit of users, may try to help users resolve disputes. Spree does so in Spree's sole discretion, and Spree has no obligation to resolve disputes between users or between users and outside parties. To the extent that Spree attempts to resolve a dispute, Spree will do so in good faith based solely on Spree's policies. Spree will not make judgments regarding legal issues or claims.

Access and Interference

Spree may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Spree is updated on a real-time basis and is proprietary or is licensed to Spree by Spree's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Spree for any purpose whatsoever. Additionally, you agree that you will not:

Take any action that imposes, or may impose, in Spree's sole discretion, an unreasonable or disproportionately large load on Spree's infrastructure

Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content)

Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site

Bypass Spree's robot exclusion headers or other measures Spree may use to prevent or restrict access to Spree

Breach

Without limiting any other remedies, Spree may, without notice, and without refunding any fees, delay or immediately remove Content, warn Spree's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

Spree suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; Spree is unable to verify or authenticate any of your personal information or Content; or Spree believes that a user is acting inconsistently with the letter or spirit of Spree's policies, has engaged in improper or fraudulent activity in connection with Spree or the actions may cause legal liability or financial loss to Spree's users or to Spree.

Privacy

Except as provided in Spree's Privacy Policy Spree will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Spree stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

No Warranty

SPREE, SPREE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SPREE'S SUPPLIERS PROVIDE SPREE'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SPREE, SPREE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SPREE'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM SPREE SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Liability Limit

IN NO EVENT SHALL SPREE, AND (AS APPLICABLE) SPREE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SPREE'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, SPREE'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD SPREE AND (AS APPLICABLE) SPREE'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

No Guarantee

Spree does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Spree's control.

Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Spree service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Spree's net income).

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency

You and Spree are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Spree Service

Spree reserves the right to modify or terminate the Spree service for any reason, without notice, at any time. Spree reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Spree makes a material change Spree will notify you here, by email, by means of a notice on our home page, or other places Spree deems appropriate. What constitutes a "material change" will be determined at Spree's sole discretion, in good faith, and using common sense and reasonable judgment.

Last updated: September 29, 2010