Terms of Service

1. Introduction

OVRLNDR ("OVRLNDR," "we," "us," "our") is a South African peer-to-peer marketplace connecting buyers and sellers of overlanding and outdoor adventure gear. We operate from Cape Town, South Africa.

OVRLNDR is not a party to transactions between users. We do not own, inspect, store, or ship any items listed on the platform.

These Terms apply to all access and use of:

• the website at ovrlndr.co.za,
• all associated features, tools, and services (collectively, the "Platform").

2. Acceptance of Terms

By creating an account or using any part of the Platform, you confirm that:

• You have read and understood these Terms;
• You are at least 18 years old, or have lawful parental consent;
• You have the legal capacity to enter into binding agreements;
• You will comply with all South African laws, including the Consumer Protection Act, 2008 ("CPA");
• The information you provide is accurate and current.

3. Account Registration

To use certain features, you must create an account.

3.1 Account Security

You are responsible for maintaining the confidentiality of your login details. All actions taken through your account are deemed to be yours.

3.2 Email Verification

You must verify your email address. Unverified accounts may be limited or removed.

3.3 Accurate Information

You must provide complete and truthful information and keep your profile updated.

3.4 Single Account Rule

You may not maintain multiple accounts without our written permission.

3.5 Right to Refuse Registration

We may decline, suspend, or terminate an account that violates these Terms.

4. Listings and Seller Responsibilities

By posting a listing, you confirm and warrant that:

• Item Accuracy: Descriptions are truthful, complete, and not misleading.
• Photos: Images are authentic and show the actual item unless otherwise clearly disclosed.
• Legal Ownership: You legally own the item and have the right to sell it.
• Condition Disclosure: All defects, damage, or issues are accurately disclosed.
• Availability: Items remain available until sold; sold or unavailable items must be removed promptly.
• Compliance: Items and listings comply with South African law.

5. Prohibited Items and Activities

The following are strictly prohibited:

• Weapons, firearms, ammunition, explosives
• Illegal drugs or controlled substances
• Stolen goods or items obtained unlawfully
• Counterfeit or unauthorized branded goods
• Hazardous materials prohibited for transport
• Protected wildlife, live animals, or prohibited animal products
• Adult or sexually explicit content
• Hate-related or discriminatory materials
• Fraudulent, misleading, or scam listings
• Any items or conduct unlawful under South African law
• Attempts to evade platform rules or restrictions

We may remove prohibited content and suspend accounts at our discretion.

6. Buyer Responsibilities

Buyers agree to:

• Conduct their own due diligence before purchasing;
• Request photos or clarification as needed;
• Inspect items thoroughly for in-person transactions;
• Use safe, public meeting locations;
• Use secure payment methods;
• Report fraudulent behaviour.

7. Transactions and Payments

7.1 Marketplace Role (No Agency)

OVRLNDR does not act as an agent, broker, intermediary, guarantor, or escrow service for any user. All transactions occur directly between buyers and sellers.

7.2 Payment Services

If the Platform integrates third-party payment processors (such as Paystack), users must comply with their terms. OVRLNDR is not liable for third-party service failures.

7.3 Marketplace Fees

Standard listings are currently free. Paid promotions are optional and non-refundable once activated. Fee structures may change with notice.

7.4 Taxes

Users are solely responsible for any VAT, income tax, or other obligations arising from sales.

8. Offers and Negotiations

• Offers made through the Platform are binding expressions of intent.
• Sellers may accept, decline, or counter any offer.
• Once an offer is accepted, both parties must act in good faith to complete the transaction.
• Failure to honour accepted offers may result in account penalties.
• All communications must remain respectful and lawful.

9. Community Forum

Users must adhere to the Forum Guidelines. In addition:

• Harassment, bullying, hate speech, or abusive conduct is prohibited.
• Discussions must remain relevant.
• Spam and self-promotion are not permitted.
• We may monitor, edit, or remove content that violates these rules.

10. Intellectual Property Rights

OVRLNDR owns all rights to the Platform's design, branding, and proprietary content.

Users retain ownership of their posted content but grant OVRLNDR a non-exclusive, worldwide, royalty-free licence to display, reproduce, and distribute such content on the Platform.

IP violations may be reported to info@ovrlndr.co.za.

11. POPIA & Privacy

We process personal information in accordance with the Protection of Personal Information Act, 2013 (POPIA).

By using the Platform, you consent to our processing of your personal information for lawful purposes, including:

• Account creation and verification
• Fraud prevention
• Transaction-related communication
• Platform improvement and analytics
• Compliance with legal obligations

We will:

• Store personal information securely;
• Never sell personal information to third parties;
• Share information only with service providers essential for operation (e.g., hosting, payment processors);
• Retain data only as long as necessary for business or legal purposes;
• Provide access, correction, deletion, and objection rights in accordance with POPIA.

For full details, review our Privacy Policy.

12. Safety and Security Recommendations

OVRLNDR encourages users to:

• Meet in public locations
• Bring a companion
• Avoid carrying large amounts of cash
• Inspect items before paying
• Stop interactions that feel unsafe
• Report suspicious behaviour immediately

OVRLNDR cannot guarantee the identity, reliability, or conduct of any user.

13. Dispute Resolution Between Users

OVRLNDR is not responsible for resolving user-to-user disputes.

We may provide guidance, but we:

• Cannot compel refunds or returns;
• Cannot intervene in pricing or condition disagreements;
• May suspend accounts involved in fraud or rule violations.

Users release OVRLNDR from any claims, demands, or damages arising out of disputes with other users.

14. Indemnity

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless OVRLNDR, its owners, staff, and partners from any claims, damages, losses, liabilities, costs, or expenses arising from:

• Your use of the Platform;
• Your interactions with other users;
• Items you list or sell;
• Your breach of these Terms;
• Any violation of applicable laws;
• IP or ownership disputes.

This indemnity survives account termination.

15. Limitation of Liability

15.1 CPA Compliance

Nothing in these Terms excludes or limits liability where such exclusion is prohibited under the Consumer Protection Act (CPA), including harm caused by gross negligence.

15.2 General Limitation

Subject to the CPA, OVRLNDR:

• Provides the Platform "as is" and "as available";
• Makes no warranties regarding listing accuracy, user behaviour, or transaction outcomes;
• Is not responsible for loss, damage, injury, fraud, or disputes arising between users;
• Does not guarantee continuous, uninterrupted, or secure platform access.

15.3 Maximum Liability

To the extent permitted by law, OVRLNDR's total liability to any user is limited to the total amount the user paid to OVRLNDR in service fees within the last 12 months.

16. Platform Availability & Modifications

We may modify, suspend, or discontinue any part of the Platform at any time. We are not liable for:

• Downtime or service interruptions
• Lost data
• Feature removals or changes

17. Account Suspension and Termination

We may suspend or terminate an account that:

• Violates these Terms
• Posts prohibited content
• Fails to complete agreed transactions
• Harasses or abuses users
• Engages in fraud, impersonation, or harmful behaviour
• Attempts to circumvent platform rules

Users may delete their accounts through profile settings. Some data may be retained for legal or operational reasons.

18. Modifications to These Terms

We may amend these Terms at any time.

• Updates will be reflected by the "Last Updated" date.
• We may notify users via email or platform notice.
• Continued use of the Platform indicates acceptance of the updated Terms.
• If you do not agree with the changes, discontinue use of the Platform.

19. Governing Law & Jurisdiction

These Terms are governed by South African law. Any disputes shall be resolved exclusively in South African courts.

20. Severability

If any part of these Terms is found unlawful or unenforceable, the remaining portions will remain valid and enforceable to the fullest extent permitted by law.

21. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and Forum Guidelines, constitute the entire agreement between you and OVRLNDR.

22. Contact Information

General Enquiries:

info@ovrlndr.co.za

Legal & Compliance: