Terms of Service

Welcome to Martket. These Terms of Service ("Terms") govern your use of the Martket mobile application ("App") operated by Martket (Pty) Ltd ("we", "our", or "us"). By creating an account or using the App, you agree to be bound by these Terms.

1. About Martket

Martket is a marketplace platform that connects customers with small and medium service businesses (SMMEs) in South Africa. We facilitate the discovery, booking, and payment of local services. Martket is a platform — we are not a party to the service agreement between customers and SMMEs.

2. Eligibility

You must be at least 16 years old and a resident of South Africa to use the App. We enforce this by requiring your date of birth during registration — users born in 2009 or later are blocked from creating an account. This applies to both customer and business accounts.

By registering, you confirm that you meet these requirements, that the information you provide is accurate and complete, and that you will not create multiple accounts.

3. Account Registration

• You must provide accurate and complete information when creating your account.
• You are responsible for maintaining the confidentiality of your login credentials.
• You are responsible for all activity that occurs under your account.
• You must notify us immediately if you suspect unauthorised access to your account.
• We reserve the right to suspend or terminate accounts that violate these Terms.

4. Customer Terms

As a customer, you agree to:

• Provide accurate booking details and honour confirmed appointments.
• Pay for services through the App using the provided payment methods.
• Treat service providers with respect and courtesy.
• Leave honest and fair reviews based on your actual experience.
• Cancel bookings within the cancellation window specified by the service provider.

5. SMME (Business) Terms

As a service provider (SMME), you agree to:

• Provide accurate business information, service descriptions, and pricing.
• Maintain the quality of services as described in your listings.
• Honour confirmed bookings and arrive on time.
• Hold all necessary licences, permits, and insurance required for your services.
• Comply with all applicable South African laws and regulations.
• Accept the platform commission rate of 8% on completed bookings.

6. Payments

• All payments are processed securely through PayFast (Pty) Ltd.
• Martket charges an 8% platform commission on each completed booking.
• SMMEs receive payment after deduction of the platform commission.
• Refund policies are determined by the individual service provider, subject to the Consumer Protection Act.
• You agree to PayFast's terms of service when making or receiving payments.

7. Reviews and Content

• Reviews must be based on genuine service experiences.
• You may not post false, misleading, defamatory, or offensive content.
• We reserve the right to remove reviews that violate these guidelines.
• By posting reviews, you grant Martket a non-exclusive licence to display them on the platform.

8. Prohibited Conduct

You may not:

• Use the App for any unlawful purpose.
• Impersonate another person or entity.
• Harass, abuse, or threaten other users.
• Post spam, phishing content, or malware.
• Attempt to circumvent the platform to avoid commission fees.
• Scrape, crawl, or collect data from the App without permission.
• Reverse engineer or attempt to extract the App's source code.

9. Cancellations and Refunds

• Customers may cancel a booking within the cancellation window set by the service provider at no charge.
• Late cancellations or no-shows may be subject to a cancellation fee as determined by the service provider.
• Refund policies are determined by the individual service provider, subject to the Consumer Protection Act 68 of 2008.
• If a service provider fails to deliver a confirmed service, you may request a refund through the App or by contacting us.
• Platform commission fees are non-refundable once a service has been completed.

10. Limitation of Liability

Martket is an intermediary platform that connects customers with independent service providers. The App is provided on an "as is" basis. We are not responsible for:

• The quality, safety, or legality of services provided by SMMEs.
• The accuracy of business listings or service descriptions.
• Disputes between customers and service providers.
• Any damages arising from the use of third-party services.
• Service interruptions, delays, or errors beyond our reasonable control.

To the maximum extent permitted by South African law, Martket's total liability shall not exceed the fees paid by you to Martket in the 12 months preceding the claim. Nothing in these Terms limits your statutory rights under the Consumer Protection Act.

11. Indemnification

You agree to indemnify, defend, and hold harmless Martket (Pty) Ltd, its directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the App or violation of these Terms.
• Your breach of any applicable law or regulation.
• Any content you post, including reviews or business listings.
• Any dispute between you and another user of the platform.

12. Intellectual Property

The Martket name, logo, and all content, features, and functionality of the App are owned by Martket (Pty) Ltd and are protected by South African and international intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the App without our written consent.

By posting content on the App (reviews, business listings, images), you grant Martket a non-exclusive, royalty-free licence to display and use that content on the platform for the purpose of providing our services.

13. Account Suspension and Termination

We reserve the right to suspend or terminate your account, without prior notice, if:

• You violate these Terms or any applicable law.
• You engage in fraudulent, abusive, or harmful behaviour.
• You create multiple accounts to exploit promotions or circumvent restrictions.
• You fail to pay for services or engage in payment fraud.
• Your business account fails the verification process or provides false documents.

You may delete your account at any time through the App settings or by contacting us at support@martket.co.za. Upon deletion, your personal data will be removed within 30 days, except where retention is required by law.

14. Force Majeure

Martket shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, power outages, internet disruptions, government actions, pandemics, civil unrest, or acts of war.

15. Privacy

Your use of the App is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information in accordance with the Protection of Personal Information Act (POPIA). By using the App, you consent to the practices described in our Privacy Policy.

16. Consumer Protection

Nothing in these Terms is intended to limit or exclude any rights you may have under the Consumer Protection Act 68 of 2008 (CPA). Where any provision of these Terms conflicts with the CPA, the CPA shall prevail. You retain all statutory consumer rights, including the right to fair and honest dealing, the right to fair value, and the right to lodge complaints with the National Consumer Commission.

17. Changes to These Terms

We may update these Terms from time to time. We will notify you of significant changes by posting a notice in the App or sending you a push notification. Your continued use of the App after changes are posted constitutes acceptance of the updated Terms. If you do not agree with the changes, you should stop using the App and delete your account.

18. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of South Africa, including the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002, and the Protection of Personal Information Act 4 of 2013.

Any dispute arising from these Terms shall first be addressed through informal negotiation by contacting us at support@martket.co.za. If the dispute cannot be resolved within 30 days, either party may refer the matter to the courts of the Republic of South Africa, which shall have exclusive jurisdiction.

19. General

• These Terms, together with our Privacy Policy, constitute the entire agreement between you and Martket.
• Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• You may not transfer or assign your rights under these Terms without our prior written consent.

20. Contact Us

If you have questions about these Terms, contact us at: