These terms are effective 1 July 2022.
Gumtree is provided to you by Gumtree South Africa (Pty) Ltd, also referred to below as "Gumtree", "we", "us" or "our". This policy is effective 1 July 2022.
Using Gumtree. As a condition of your use of Gumtree you, agree that you will not:
- violate any applicable laws including but not limited to consumer protection, data protection and intellectual property laws (including their regulations and guidelines);
- violate any applicable posting rules;
- post listings that do not show clear, truthful, verifiable, complete and unambiguous information regarding your contact details, the goods, price, delivery and any additional charge;
- post any threatening, abusive, defamatory, pornographic, obscene, unconstitutional or indecent material;
- use the Services in any manner that could impair any of our websites or applications in any way or interfere with any party’s use or enjoyment of any such site or application;
- post any material that is harmful to, harms or could harm minors in any way;
- be false or misleading or employ false or misleading advertising practices;
- infringe any third-party right;
- distribute or contain spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Gumtree or the interests or property of Gumtree users;
- impose an unreasonable load on our infrastructure or interfere with the proper working of Gumtree;
- copy, modify, or distribute any other person's content without their consent;
- use any robot spider, scraper or other automated means to access Gumtree and collect content for any purpose without our express written permission;
- harvest or otherwise collect information about others, including email addresses, without their consent or otherwise violate the privacy of another person;
- use the information available in Gumtree to contact the users or the advertisers for any purpose other than for the use of the Services;
- bypass measures used to prevent or restrict access to Gumtree.
You are solely responsible for all information that you submit to Gumtree and any consequences that may result from your post. We reserve the right for any or no reason, at our discretion to refuse or delete or take-down content that (or any part thereof) we believe is inappropriate or breaching the above terms. We may, at our discretion, remove ads, put ads on hold or make minor changes thereto, when they do not comply with the Posting Rules. We also reserve the right at our discretion to restrict a user's usage of the site either temporarily or permanently, or refuse a user's registration.
Abusing Gumtree. Gumtree and the Gumtree community work together to keep the site working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content exercise our discretion when ads do not comply with our policies, and take technical and legal steps to keep users off Gumtree if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content, exercise our discretion when ads do not comply with our policies, or keep a user off Gumtree or not, we do not accept any liability for monitoring Gumtree or for unauthorized or unlawful content on Gumtree or use of Gumtree by users. You also recognise and accept that Gumtree is not under any obligation to monitor any data or content which is submitted to or available on the site.
Fees and Services. Using Gumtree is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept that charge and any additional terms and conditions applicable, including forms of payment, to the service at the time of purchase. This will be clearly disclosed at the time you post your ad. Our fees are quoted in South African Rand, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other permissible collection mechanisms.
Content. Gumtree contains content from us, you, and other users. Gumtree is protected by copyright laws and international treaties. Content displayed on or via Gumtree is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Gumtree without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Gumtree. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Gumtree (other than your own content).
When providing us with content or causing content to be posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) licence to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. This means that we are entitled to host, cache, route, transmit, store, copy, modify, reproduce, distribute, syndicate, publish, translate, use, publicly perform, publicly display, reformat, modify, edit, excerpt, analyze, and create algorithms and derivative works from you content, or otherwise use such content. Further, to the fullest extent permitted under applicable law, you waive your moral rights and agree not to assert such rights or any other intellectual property or publicity rights against us, our sub-licensees, or our assignees.
Infringement. Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of varied products are offered on Gumtree by private individuals in South Africa. Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Gumtree.
Reporting an infringement:
In order to participate in the Notice of Infringement Programme, you only need to complete a Notice of Infringement Form and email it to Gumtree at firstname.lastname@example.org. You can use this form, complete with your signature, to report advertisements which may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorized representative. This information must also enable Gumtree to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to Gumtree via the e-mail address provided.
Note: This form can only be used by the lawful owners of the intellectual property rights. "Notice of Infringement" is intended to ensure that products offered do not infringe the copyright, trademark right or other intellectual property rights of third parties.
For all other questions, visitors and advertisers can get Help by opening a Case.
Liability. GUMTREE DOES NOT ACT AS A SUPPLIER AS CONTEMPLATED IN THE CONSUMER PROTECTION ACT, OR OTHERWISE, AND IS NOT THE PARTY MARKETING THE GOODS/SERVICES. GUMTREE ONLY PROVIDES THE PLATFORM.
AS EXPLAINED ABOVE, WE DO NOT ACTIVELY MONITOR DATA OR CONTENT. WE ARE NOT INVOLVED IN THE ACTUAL TRANSACTIONS BETWEEN USERS.
GUMTREE DOES NOT OPERATE AS A PAYMENT INTERMEDIARY, PAYMENT PROCESSOR, PAYMENT FACILITATOR, MONEY TRANSMITTER, MONEY SERVICES BUSINESS, OR ANY TYPE OF BUSINESS AKIN THERETO FOR THE PURPOSES OF, OR IN CONNECTION WITH, ANY TRANSACTION ON THE SITE. GUMTREE ALSO DOES NOT FULFIL ANY OF THE FUNCTIONS (WHETHER AS A WHOLE OR IN PART), OF A PAYMENT INTERMEDIARY, PAYMENT PROCESSOR, PAYMENT FACILITATOR, MONEY TRANSMITTER, MONEY SERVICES BUSINESS, OR ANY TYPE OF BUSINESS AKIN THERETO, WHETHER IN A DIRECT OR INDIRECT MANNER.
AS MOST OF THE CONTENT ON GUMTREE COMES FROM OTHER USERS, WE DO NOT GUARANTEE OR GIVE ANY WARRANTY OR MAKE ANY REPRESENTATION AS TO THE ACCURACY AND CONTENT OF POSTINGS OR USER COMMUNICATIONS OR THE QUALITY, SAFETY, OR LEGALITY OF WHAT'S OFFERED, OR WITH REGARD TO THE LEGAL CAPACITY OF THE USERS THAT MAY CONDUCT OR COMPLETE ANY TRANSACTION.
YOU AGREE NOT TO HOLD US RESPONSIBLE FOR THINGS OTHER USERS POST OR DO.
IN NO EVENT DO WE ACCEPT LIABILITY OF ANY DESCRIPTION FOR THE POSTING OF ANY UNLAWFUL, THREATENING, ABUSIVE, DEFAMATORY, OBSCENE OR INDECENT INFORMATION, OR MATERIAL OF ANY KIND WHICH VIOLATES OR INFRINGES UPON THE RIGHTS OF ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION ANY TRANSMISSIONS CONSTITUTING OR ENCOURAGING CONDUCT THAT WOULD CONSTITUTE A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY OR OTHERWISE VIOLATE ANY APPLICABLE LAW.
GUMTREE MAY PROMOTE, ENDORSE AND/OR CONTAIN LINKS TO THIRD PARTY SITES AND/OR SERVICES AND/OR GOODS. THESE SITES, SERVICES AND AND/OR GOODS ARE BEYOND THE CONTROL OF GUMTREE. GUMTREE IS NOT INVOLVED IN TRANSACTIONS BETWEEN USERS AND THE OPERATORS OF SUCH THIRD-PARTY SITES. GUMTREE DOES NOT ACCEPT RESPONSIBILITY FOR THEIR CONTENT, SERVICES AND/OR PRODUCTS.
WE CANNOT GUARANTEE CONTINUOUS, ERROR-FREE OR SECURE ACCESS TO OUR SERVICES OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
WHILE WE WILL USE REASONABLE EFFORTS TO MAINTAIN AN UNINTERRUPTED SERVICE, WE CANNOT GUARANTEE THIS AND WE DO NOT GIVE ANY PROMISES OR WARRANTIES (WHETHER EXPRESS OR IMPLIED) ABOUT THE AVAILABILITY OF OUR SERVICES.
ACCORDINGLY, TO THE EXTENT LEGALLY PERMITTED WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THOSE OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE. WE ARE NOT LIABLE FOR ANY LOSS, WHETHER OF MONEY (INCLUDING PROFIT), GOODWILL, OR REPUTATION, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF GUMTREE, EVEN IF YOU ADVISE US OR WE COULD REASONABLY FORESEE THE POSSIBILITY OF ANY SUCH DAMAGE OCCURRING. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
DESPITE THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR ANY THIRD PARTY (WHETHER IN CONTRACT, DELICT, NEGLIGENCE, STRICT LIABILITY IN DELICT, BY STATUTE OR OTHERWISE) IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) 100 SOUTH AFRICAN RAND.
NOTHING IN THESE TERMS SHALL LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION, FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR AGENTS OR EMPLOYEES.
Security. In order to ensure the security and reliable operation of the site for all users, Gumtree reserves the right at its discretion to take whatever action it finds necessary to preserve the security, integrity and reliability of its network and back-office applications. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act, 2002 (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Gumtree and its affiliates, agents and/or partners.
Resolution of disputes
If a dispute arises between you and Gumtree, we strongly encourage you to first contact us directly to seek a resolution by going to the Gumtree Help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
General. These terms and the other policies posted on Gumtree constitute the entire agreement between Gumtree and you, superseding any prior agreements.
To the extent permitted by applicable law, this Agreement shall be governed and construed in all respects by the laws of South Africa. You agree that any claim or dispute you may have against Gumtree must be resolved by the courts of South Africa, and you and Gumtree both agree to submit to the non-exclusive jurisdiction of Cape Town, South Africa.
If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.
Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to Gumtree South Africa (Pty) Ltd, 11th Floor Roggebaai Place, 4 Jetty Street, Foreshore Cape Town 8001. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.
We may update this agreement at any time, with changes taking effect when you next post or 30 days after we post the updated policy on the site, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.
Mobile Devices Terms
Application Use. Gumtree grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third-party terms of agreement when using the Application (e.g., your data service agreement). The Application may not contain the same functionality available on the www.gumtree.co.za website. YOUR DOWNLOAD AND USE OF THE APPLICATION IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE(S) OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OR USE OF THE APPLICATION.
Intellectual Property – Applications. Gumtree owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Gumtree's copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Gumtree Application.
Prohibited Countries Policy and Foreign Trade Regulation - Applications. Gumtree Applications or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using a Gumtree Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country, and you are not listed on any US Government list of prohibited or restricted parties).
Additional Terms. Additional terms and conditions that apply to you based on the mobile device the Application is installed on:
iOS – Apple
2. Gumtree grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
4. Apple is not responsible for the investigation, defence, settlement, and discharge of any third-party intellectual property infringement claim.
5. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
6. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.