1. Who We Are

SmokeTrack ("the platform", "we", "us", "our") is a point-of-sale and online marketplace service operated by SparzaFi (Pty) Ltd, a company registered in the Republic of South Africa (registration number 2026/356587/07), with its registered address at Boshoek Farm, Machadodorp, Mpumalanga, 1170. You can contact us on 076 263 3541 or at kobdry@gmail.com.

2. Definitions

• Buyer / Customer — a person who registers to browse shops and place orders.
• Shop Owner / Seller — a business or person who registers a shop to sell goods and manage tills, stock and staff.
• Till Manager — a staff member authorised by a Shop Owner to operate a till.
• Content — any text, images, reviews, product listings or other material submitted to the platform.

3. Eligibility & Accounts

• You must be at least 18 years old (or have the consent of a parent/guardian) to create an account.
• You must provide accurate, current information and keep your password secure. You are responsible for all activity under your account.
• You must not share your login details or impersonate another person.
• Notify us immediately at 076 263 3541 if you suspect unauthorised use of your account.

4. The Platform's Role

SmokeTrack is a technology platform that connects Buyers with independent Shop Owners and helps Shop Owners run their businesses. Unless expressly stated, we are not the seller of any goods listed by Shop Owners. Each Shop Owner is solely responsible for their products, pricing, descriptions, stock availability, fulfilment and customer service.

5. Orders, Pricing & Payment

• Prices are set by Shop Owners and shown in South African Rand (ZAR).
• Payment methods may include cash, cash-on-delivery (COD) and, where approved, credit ("on account").
• An order is an offer to purchase. The Shop Owner may accept, reject, or cancel an order (for example, if stock is unavailable).
• You are responsible for paying the full amount due for orders you place, including any delivery fees shown at checkout.

6. Credit & "On Account" Purchases

Credit facilities are offered at the sole discretion of the Shop Owner and may require approval. Where credit is granted, you agree to repay amounts owed by the agreed date. Outstanding balances may affect your ability to make further credit purchases and your trust/reputation score. Any credit or lending arrangements are subject to applicable South African law, including the National Credit Act, 2005 where it applies.

7. Delivery & Collection

Delivery areas, fees and times are set by each Shop Owner and are estimates only. Risk in goods passes to you on delivery or collection. Please inspect goods on receipt and report problems to the Shop Owner promptly.

8. Returns, Refunds & Faulty or Incorrect Goods

Under the Consumer Protection Act, 2008 (CPA), goods you buy must match their description, be of good quality, in working order, safe, and free of defects for a reasonable period.

• Faulty, unsafe, expired, not-as-described or wrong items: If goods are defective, the wrong item, or not as described, you may return them to the Shop Owner within a reasonable time. The CPA generally allows a 6-month period to return defective goods for a repair, replacement or refund — the choice is yours, in line with the CPA.
• Online cooling-off: For qualifying goods bought electronically, you may have a 7-day cooling-off right under the Electronic Communications and Transactions Act, 2002 (ECTA) to cancel and receive a refund. You may be responsible for the cost of returning the goods.
• How to claim: Report the problem promptly to the Shop Owner (and you may also contact us on 076 263 3541) with proof of purchase and, where possible, photos.
• Who handles it: Because each Shop Owner is the seller, returns, replacements and refunds are handled by the Shop Owner. We will help facilitate and may assist in resolving disputes, but we are not the seller and are not party to the sale.
• Refunds: Refunds are made using the original payment method or, for credit / "on account" purchases, by adjusting your outstanding balance.
• Exceptions: Perishable goods and age-restricted consumables (e.g. tobacco products) may not be returnable once supplied, unless they are defective, unsafe, expired or not as described, to the extent permitted by law.

Nothing in this section limits any right you have under the CPA or other applicable law.

9. Shop Owner Obligations

• Sell only goods you are legally permitted to sell, and comply with all applicable laws (including age-restricted product laws).
• Describe goods accurately and honestly — correct name, condition, price, weight/quantity and photos — and do not mislead Buyers.
• Honour advertised prices and fulfil accepted orders.
• Handle returns, refunds and faulty- or incorrect-goods claims promptly and in line with the Consumer Protection Act, 2008.
• Handle customer information lawfully and only for fulfilling orders and running your shop.
• You remain responsible for your Till Managers' actions on the platform.

10. Accurate Listings & False or Misleading Content

• Shop Owners must ensure that all listings, descriptions, photographs, prices, quantities and claims are accurate and not false, exaggerated or misleading.
• You must not advertise goods you cannot supply, misstate prices, use photographs that misrepresent the actual item, or make false quality, origin or health claims.
• Buyers and users must not post false, defamatory or misleading content.
• We may remove any listing or content that is false or misleading, with or without notice, and may suspend repeat offenders.

11. Reviews & User Content

You may post reviews and other content that is honest, lawful and not abusive, defamatory, misleading or infringing. You grant us a non-exclusive licence to display such content on the platform. We may remove content that breaches these Terms.

12. Intellectual Property & Counterfeit Goods

• The platform — including its software, design, layout, logos and the "SmokeTrack" and "SparzaFi" names — is owned by SparzaFi (Pty) Ltd and protected by intellectual property laws. You may not copy, reproduce, distribute or reverse-engineer it without our written permission.
• Content you submit remains yours, but you grant us a non-exclusive licence to host and display it for the purpose of operating the platform.
• You must not list, sell or upload any goods or content that infringe a third party's rights, including counterfeit, fake or pirated goods, or images, text or trademarks you do not have the right to use.
• Notice & takedown: If you believe any content or listing infringes your intellectual property or is otherwise unlawful, send a takedown notice to kobdry@gmail.com or call 076 263 3541, giving your full details, identification and location of the material, and a good-faith statement of the grounds. In line with section 77 of the ECT Act, we will act on valid notices and may remove the material. We are not obliged to monitor all content, but we will respond to valid notices.

13. Prohibited Conduct

• No fraud, abuse, harassment, or illegal activity.
• No attempts to hack, overload, reverse-engineer or gain unauthorised access to the platform.
• No false reviews, fake accounts, or manipulation of ratings.
• No false, misleading or fraudulent listings, descriptions or pricing.
• No counterfeit, pirated or intellectual-property-infringing goods or content.

14. Suspension & Termination

We may suspend or terminate any account that breaches these Terms, poses a risk to others, or is used unlawfully. You may close your account at any time by contacting us.

15. Disclaimers

The platform is provided "as is" and "as available". We do not guarantee that listings are accurate, that shops are open, or that the platform will be uninterrupted or error-free. We are not party to the contract of sale between Buyer and Shop Owner.

16. Limitation of Liability

To the maximum extent permitted by law, SparzaFi (Pty) Ltd is not liable for any indirect, incidental or consequential loss arising from your use of the platform or any transaction with a Shop Owner. Nothing in these Terms limits liability that cannot be excluded under South African law, including under the Consumer Protection Act, 2008.

17. Governing Law

These Terms are governed by the laws of the Republic of South Africa, and disputes are subject to the jurisdiction of its courts.

18. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted on this page with a new "Last updated" date. Continued use of the platform after changes means you accept the updated Terms.

19. Contact

Questions about these Terms? Call 076 263 3541 or email kobdry@gmail.com.

This document is a general template and does not constitute legal advice. SparzaFi (Pty) Ltd should have it reviewed by a qualified legal practitioner before relying on it.