Terms of Use

Terms of Use

The Mamahood website has been created with you in mind. Our vision is to bring you a website that is relevant and informative, with every effort to helping you find exactly what you are looking for.

Accepting these Terms

Please take a moment and read through our Terms and Conditions of Use, by using any of Mamahood’s services or even just by having a look at the Mamahood website, you are automatically agreeing to comply with these Terms. These Terms set out your rights and responsibilities when using any service provided by Mamahood and are a legally binding contract between you and Mamahood (Pty) Ltd, hereafter referred to as Mamahood.

Amendment of Terms

We may at times amend these Terms. If a substantial update has been made to these Terms you will receive a request through the Mamahood website to read and accept the amended Terms. In this way, you will be able to decide whether you wish to accept the Terms again and continue using Mamahood’s services. Your continued use of Mamahood’s services following the changes constitutes your acceptance of the updated Terms.

Any amendments to the Terms will be effective from the time they are posted on the Mamahood website. It is your responsibility to familiarise yourself with these Terms and review any amendments.

Accuracy of Website Content

We have ensured that all the information contained on our website is correct and precise to the best of our knowledge. However, we do not guarantee that the content displayed is always accurate or current. Comments posted by our members or Traders are their own personal opinions and not that of Mamahood and its creators.

Third-Party Links

The Mamahood website may contain third party links to other websites, web pages, product or service information pages or other Internet-based content. Please note that once you have made use of a third party link to visit another website, this will, in fact, mean that you have left the Mamahood website. Mamahood does not have any control over any other website and therefore Mamahood, has no responsibility or liability for the content contained in these sites, nor can we be responsible for any information you provide whilst using these sites.

All third party sites have their own independent privacy policies in place and you should exercise caution whilst visiting such sites. Mamahood also does not endorse or recommend any third party sites.

Privacy Policy

Mamahood is committed to ensuring that your privacy is protected. We have created this Privacy Policy so that we can inform you how Mamahood makes use of your personal information which is collected during your visit on the Mamahood website and when using any of the Mamahood services. Should we ask you to provide certain information by which you can be identified when using our website, then you can be assured that it will only be used in accordance with this Privacy Policy. By using our services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy, so please make sure to read it through carefully.

By accepting our Terms of Use, you are confirming that you have read and understood our Privacy Policy including how and why we potentially could use your information. If you don’t want us to collect or process your personal information, the Mamahood website and services should not be used.

In our Privacy Policy we will detail the following:

1. What information we collect
2. Controlling your personal information and your privacy choices
3. How we may use your information
4. Security procedures
5. Retention of your information
6. Amendments to the Privacy Policy
7. Contacting us regarding any issues relating to our Privacy Policy

1) WHAT INFORMATION WE COLLECT
1.1) COLLECTION OF PERSONAL INFORMATION
How and why we receive your personal information
We receive your personal information in a few different ways. Often, you will be able to choose which information you wish to provide.  However, there will be times when we will require certain information in order for you to use the Mamahood website correctly. You are not obligated to provide us with all this information upon signing up, but we will need you to provide us with certain information to use specific services on the Mamahood website.

Your information will be collected during registration, account setup and service usage.

The personal information we collect
In the course of providing our services to you, we can collect your full name, contact details, a valid email address; credit card details; banking details; delivery address; and any personal details such as birthday, gender and location.

Trader business information
As a Mamahood Trader, we will require additional information in order for you to be able to open your Mamahood online shop. This information can include your personal information (view above) and your business details, such as a shop name, billing and payment information (including billing contact name, physical/postal address, telephone number, credit card information and VAT number if applicable). This information is necessary for you to open up your Mamahood online shop, receive payouts from sales and to process your debit order if applicable.

1.2) COLLECTION OF COMPUTER DATA
When you visit the Mamahood website, our company servers will automatically receive and record information that your browser sends whenever you visit a website. This data may include:

• Your computer’s IP address or unique device identifier
• Browser type
• The webpage you were visiting before you came to our site
• The pages you visit on our site
• The time spent on those pages, items and information searched for on our site, access times and dates, and other statistics

Mamahood makes use of cookies to track your personal information. We use cookies to enhance your experience on the website. These cookies are stored on your computer and you may elect to disable or delete these cookies at any time. However, we will not be responsible for any loss of functionality by doing so.

2) CONTROLLING YOUR PERSONAL INFORMATION & YOUR PRIVACY CHOICES
We know that your information is important to you and you value having control over your information, as well as having choices about how we contact you. Certain information will be required to sign into the Mamahood website, however, there will be certain places where you can choose what additional information you want to provide.

2.1) CONTROL OVER COLLECTION OF DATA
You may choose to restrict the collection or use of your personal information when registering on the Mamahood website. Upon registration, you will be asked to fill in some of your personal information and must complete all required fields in order to successfully create a membership account. However, you can select to not enter information in any non-required fields.

2.2) EDITING & REMOVAL OF YOUR INFORMATION
You may edit your Mamahood membership account information through your account settings. You may also remove certain optional information that you no longer wish to be publicly visible through the services. You can also request the deletion of the personal information in your account.

If you believe that any personal information we are holding on you is incorrect or incomplete, please update your personal information anytime by accessing your membership account on the Mamahood website.

3) HOW WE MAY USE YOUR INFORMATION
We may collect information about your use of the Mamahood website and services for advertising and communications, identification and authentication, analytics and to provide, improve and protect our services and products.

We respect your personal information and therefore we will not disclose any personally identifiable information without your permission, except insofar as it is required to execute your order and the delivery thereof or otherwise as required/permitted by law.

3.1) COMMUNICATIONS & ADVERTISING
From time to time Mamahood may need to contact you via email or website messages for a few reasons including marketing, transactions, and service update purposes.
Some messages from Mamahood are service-related and required for members and for purchases made through the Market. You agree that Mamahood can send you non-marketing emails or messages, such as those related to transactions, your account, activity or security.

On occasion, we may use your personal information to send you news updates, promotional material and any specials that we may be running. If at any time you wish us to stop sending you these non-required communications, please contact us at info@mamahood.co.za and we will unsubscribe you.

3.2) PROVIDING & IMPROVING OUR SERVICES
Your personal information may be collected for analysis and evaluation in order to help us improve our site and the services and products we provide. This is also necessary to enable us to improve our efficiency, interest in services for members and obtaining insights into usage patterns of our services.

3.3) FACILITATING THE BUYING & SELLING PROCESS
As part of the buying and selling process, Mamahood will facilitate the sharing of a member’s delivery address and payment information between the member and the Trader involved in the transaction.
By making a sale or a purchase on Mamahood, you are directing us to share your information in this way. Since this is an important part of the services we provide, we need to do this in order to perform our obligations under our Terms of Use.

We expect you to respect the privacy of the member whose information you have received. As described in Mamahood’s Terms of Use, you have a limited license to use that information only for Mamahood-related communications or for Mamahood-facilitated transactions. Mamahood has not granted you a license to use the information for unauthorised transactions or sending unsolicited commercial messages or emails.

3.4) SERVICE PROVIDERS
Mamahood may employ third-party companies and individuals, such as payment processors, to perform tasks on our behalf and help us operate, provide, and market the services.  This includes web analytics and general improvement of the services.

We will need to share your information with these trusted third parties to provide the services to you.  These third parties have only limited access to your information and may use your information only to perform these tasks on our behalf.  These service providers are obligated to Mamahood not to disclose or use your information for other purposes.

3.5) ANALYTICS
Mamahood provides general statistics about the website and its members. We may collect non-personal information about you such as your gender, age and the place where you live. You cannot be identified from this information and it is only used to assist us in providing an effective service on this website. We may supply third parties with this non-personal or aggregated data for use in connection with this website.

3.6) PROTECTION OF OUR SERVICES
We may also use and share your information for safety and security purposes. We do so because it is necessary to pursue our legitimate interests in ensuring the security of our services, including enhancing the protection of our community against spam, harassment, intellectual property infringement, crime, and security risks of all kinds.

3.7) LEGAL & SAFETY REASONS
Mamahood may also retain, preserve, or release your personal information to a third party in keeping our services secure and to prevent any harm or crime  We do so in the following limited circumstances, in response to lawful requests by public authorities; to protect, establish, or exercise our legal rights or defend against legal claims, including to collect a debt;  prevent imminent physical harm or financial loss; or investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to our property, or violations of Mamahood’s Terms of Use.

4) SECURITY PROCEDURES
The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and after it is received. Your account information is protected by a password. It is important that you protect against unauthorised access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using the services.

Mamahood encrypts certain information using secure socket layer technology (SSL).

5) RETENTION OF YOUR INFORMATION
Mamahood will retain your information only for as long as is necessary for the purposes set out in our Privacy Policy, for as long as your account is active. Mamahood will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, enforce our agreements, and as otherwise described in this Policy.

If you no longer want Mamahood to use your information to provide the services to you, you may close your account.

6) AMENDMENTS TO THE PRIVACY POLICY
Mamahood reserves the right to amend or update the Privacy Policy at any time. Any changes to this policy will be published on our site. We encourage you to check back regularly and review any updates.

7) CONTACTING US REGARDING ANY ISSUES RELATING TO OUR PRIVACY POLICY
If you are not satisfied with the way in which we handle your privacy or have any complaints about breaches of privacy, please don’t hesitate to contact us at info@mamahood.co.za.

Your Membership Account

You will need to create a membership account with Mamahood in order to make use of our services and to purchase any products, services or downloads through the Mamahood website.

1) ACCOUNT REQUIREMENTS
1.1) You must be 18 years or older to create a membership account and use the services provided by Mamahood.

1.2) Choose an appropriate name. You may decide you do not want to use your full name as your account name, but you may not use a name that includes any foul language or is in any way offensive to any other Mamahood members.

1.3) Provide accurate information. We require you to be honest about the data you are entering and update your information to ensure it maintains to be accurate, current and complete.

1.4) You are responsible for your account and protecting your password. As you are solely responsible for your account, your information provided on your account (including billing details) and all activity occurring on your account, we implore you to protect your account and password and be mindful when sharing your account details with other people. Please keep your password secure. Please notify Mamahood immediately should you notice any breach of security or unauthorised use of your account.

2) ACCOUNT TERMINATION
You may terminate your account with Mamahood at any time, however, we would be very sad to see you go.  You can terminate your account from inside your account settings. Terminating your account will not affect the availability of some of your content that you posted through the services prior to termination.

We may terminate or suspend your account (and any related accounts) and your access to the services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our services

If you or Mamahood terminates your account, you may lose any information associated with your account, including your content.

Your Content

Your content is everything you post whilst using Mamahood’s services and visiting our website (for example, usernames, profile pictures, comments, reviews etc). We don’t make any claim to your content and it remains your responsibility.

1) RESPONSIBILITY OF YOUR CONTENT
You understand that you are solely responsible for your content. You represent that you have all necessary rights to your content and that you’re not infringing or violating any third party’s rights by posting it.

2) PROHIBITED CONTENT
Even though we encourage you to make full use of the Mamahood website and share your content, there are certain types of content that we do not want to be posted on the Mamahood website (for legal reasons or otherwise).

The following content is not permitted on the Mamahood website:

• False, misleading or inappropriate, content
• Discriminatory, malicious, defamatory, abusive, threatening, obscene, vulgar, or otherwise offensive content
• Unlawful content
• That which violates someone else’s privacy or intellectual property rights
• Unsolicited and unauthorised commercial messages (such as spam or advertising)

We reserve the right to remove any content or information you post on the Mamahood website if we believe that it violates our Terms of Use.

3) REPORTING UNAUTHORISED CONTENT
At Mamahood we respect your intellectual property and as such we are committed to ensuring that any content that infringes on your intellectual property rights is removed from our website and all corrective actions are followed.

If you feel that content that you own or have rights to has been used on the Mamahood website without your express authorisation, you can report this to Mamahood to be removed. Please complete the following form to log a complaint.

If you post content that infringes on another person’s intellectual property, the procedure will be to remove the unauthorised content with a warning. We reserve the right to terminate your account if it is made clear that you repeatedly make use of other people’s intellectual property without their permission.

Use of Mamahood’s Services and Website

1) LICENSE TO USE OUR SERVICES
We allow you a limited, non-exclusive, non-transferable, and revocable license to use our services – subject to the Terms and the following restrictions in particular:

• By using our services you will agree to not violate any laws or engage in any practice or conduct that is unlawful.
• You agree to not unlawfully offer, sell, export any goods and services.
• You will not illegally copy, interfere with, or distribute software or other data, as well as contaminate our files, data and computer systems or network resources.

You will agree not to collect information about members or Traders (including email addresses), or sales activities conducted on Mamahood without the express permission of Mamahood.

You agree that we may and will monitor your behaviour if we believe that you are not acting in accordance with the Terms of this Agreement.

We strictly reserve our rights to revoke this limited license and refuse our services and terminate your membership account with Mamahood if you have failed to comply with the aforementioned Terms and Conditions.

2) AMENDMENT TO OUR SERVICES
Mamahood reserves the right to change, suspend, or discontinue any of the services at any time, for any reason. We will not be liable to you for the effect that any changes to the services may have on you, including your income or your ability to generate revenue through the services.

3) USE OF MAMAHOOD’S CONTENT
You are not authorized to use Mamahood’s name, logo, trademark or branding without the express written consent from Mamahood. Any unauthorised use of the content of the Mamahood website is strictly prohibited.

Market

Mamahood’s Online Market provides a multi-Trader platform for our members whereby you can purchase from independent local South African Traders. It is important to note that Mamahood is not a part of any transactions made in the Mamahood Market. By shopping on Mamahood, you understand that:

• You are not buying directly from Mamahood but from one of the many local Traders who are running their own online shop in the Market.  You understand that Mamahood does not manufacture, store, or inspect any of the products, services or downloads sold through our services.
• The products, services and downloads in our Market are listed and sold directly by independent local Traders, and Mamahood does not pre-screen any Traders. Therefore Mamahood cannot make any warranties about their quality, safety, or even their legality. Any legal claims related to an item you purchase must be brought directly against the Trader of the product or service.
• Each Trader on Mamahood has their own shop policies and therefore have their own delivery times, methods, processing times, and refund policies.
• Mamahood does not endorse any products, services or downloads sold on our platform or any content posted by the Mamahood Traders.

1) PURCHASING ITEMS OFF THE MARKET
When you purchase anything from a Trader’s shop, you are directly supporting an independent local South African business, each shop has its own unique products,  services and downloads, shop policies, stocking procedures and processing times.

By purchasing from a Mamahood Trader, you agree that you have:

• Read the product or service description and the shop policies before making a purchase;
• Not purchase any product,  service or downloads, unless you are able to, and have sufficient funds available to pay for these listings;
• Submitted appropriate payment for any listings purchased;
• Provided an accurate delivery address;
• The legal capacity to purchase the products, services or downloads; or
• Acknowledged that the purchase of any listing is at your own risk.

Mamahood cannot guarantee that the descriptions of any product, service or download will be accurate or current; nor can we confirm that each Trader or member is who they claim to be.

Mamahood cannot guarantee that each Trader has kept their shop up to date regarding their listed products, services or downloads and cannot guarantee the availability of these items listed on the Mamahood Market.

2) PRICING
All prices displayed in the Mamahood Market are in South African Rand (ZAR) and include Value-Added Tax (VAT).

All prices listed on the Mamahood Market are exclusive of delivery costs, and all delivery costs will be stated separately upon checkout of your order.
Each Trader is responsible for the delivery of the products, services or downloads you purchase from their shop.

Traders have the opportunity to run special promotions and offer discounted pricing. These special promotions may be subject to certain conditions, including availability and limited offer stipulations.

3) PAYMENTS
3.1) PAYMENT METHODS
Mamahood has partnered with Payfast to facilitate payment processing, therefore, our Traders can accept local and international MasterCard and VISA payments as well as Instant EFTs. All transactions are 3D secure, protecting you from fraud.

3.2) PLACING A ORDER
All sales are binding.

When you place an order on Mamahood, you are entering into a direct transaction and personal relationship with the individual Trader. 
We do not act as an agent for either the member or the Trader in the placement of the goods on the site for sale, in the placing of an order or the completion of the sale.

Your order will be completed upon confirmation of receipt of payment. Once your order is complete, you will receive a confirmation email with your order details and receipt of sale.

3.3) DISCLAIMING WARRANTIES:
Mamahood cannot warranty that:

• Credit card details of any member are correct;
• The member’s credit limit has not been exceeded;
• A credit card has not been reported stolen;
• The member is entitled or authorised the use of the credit card; or
• A credit card is otherwise being lawfully used.

3.4) CREDIT CARD SECURITY AND PRIVACY

Credit card transactions will be processed by Payfast, which uses the strictest encryption.

Mamahood maintains records associated with transactions and does not pass any secure data, including bank account information to any Traders. Traders will only receive delivery details and limited member account information which is necessary to complete the order.

4) RECORDS OF TRANSACTIONS
You will be able to access a full record of your transaction history by logging into your membership account and viewing the orders tab.

5) SHOP POLICIES
Each Trader on Mamahood has their own shop policies and you can view the delivery and refunds policy of each Trader inside their shop.

5.1) DELIVERY POLICY
The standard delivery policy for all shops on Mamahood is that your purchased goods will be delivered within 10 working days of your confirmed order. Any Trader that requires a longer processing time will state this in their delivery policy found in their individual shop.
If a Trader needs to extend the delivery time after your order has been made, then they will inform you via email and obtain your consent.

Some Traders allow for free pickup of your order from an address specified by the Trader. If you have selected this delivery option then your order will be considered delivered upon completion of the purchase.

Vouchers can be purchased for Trader services on the Mamahood website. These vouchers will be able to be downloaded upon confirmation of the order. Once the order is confirmed the voucher will be considered delivered.

If delivery has not been met in accordance with the Trader’s delivery policy, you can log a complaint.

5.2) REFUNDS POLICY
Mamahood has set a standard refund policy that stipulates that products that are returned within 14 days and are in their original condition and packaging, can be returned with a full refund. However, each Trader can set their own refund policies, which will be outlined in their individual shop and we would advise you to read the refund policy of the shop before making a purchase.

Your satisfaction is our main priority.  If for any reason, you are dissatisfied with the manner in which a Mamahood Trader deals with your refund request, you can log a complaint.

6) DISPUTES & COMPLAINTS
If you find yourself in a dispute with a Mamahood Trader, we encourage you to contact the Trader and try to resolve the dispute amicably.

Although Mamahood is not directly involved in any transactions, in the unlikely event that your order does not go as expected, we will assist by providing a system whereby you can log a complaint.
Mamahood will attempt to assist in cases where your order has not been delivered, when your order arrives after the standard delivery time of 10 working days (or the stated delivery time in the Trader’s shop policy), if the Trader is not honouring their refund policy or if your order is not as it has been described in the product’s or service’s description.

Mamahood will assess each complaint received on a case by case basis to determine the validity of the complaint. If Mamahood determines that your order was not up to standard, the Trader will be required to make a full refund of the order.
Mamahood is not obligated to become involved in any dispute between members or Traders arising out of any transactions on the website.

You can log a complaint HERE.

Rating & Review System

The inclusion of a rating and review system on the Mamahood website is to provide both our members and Traders with honest, reliable and informative feedback concerning the products , services and downloads that can be found on our website.

Mamahood has a rating and review system inside each shop, this is where our members are able to comment on the quality of the orders they received from each Trader.

Reviews are a great way to learn about a Trader, their business ethics and helps to build a strong reputation.

1) PREVIOUS INTERACTION
You may only rate and review a Trader if you have purchased a product or enlisted one of their services (completed a transaction). Therefore you may not use this service to rate and review a Trader with whom you have had no previous interaction.

2) ABUSE OF THE RATING & REVIEW SYSTEM
You are responsible for giving a fair rating, therefore please be honest when adding your comment and avoid being malicious and using language that is abusive, threatening, profane or discriminatory. No unsubstantiated claims or complaints about a Trader will be permitted.  Comments and ratings cannot be edited once submitted. You could also be held liable for damages to the Trader if legal proceedings are taken against you for your comment.

3) REMOVAL OF RATINGS
We feel it is important to allow our members to be honest and provide constructive feedback on Mamahood Traders. Mamahood reserves the right to remove any rating or review, however, we will not remove any ratings or reviews unless we feel it is absolutely necessary.

Disputes

1) A DISPUTE WITH MAMAHOOD
The procedure for resolving disputes arising from the use of Mamahood’s services and the website is as follows:

• Written notice of the nature of the dispute must be emailed to Mamahood at info@mamahood.co.za.
• You will need to complete a complaint form detailing the complaint.  
• Mamahood will attempt to resolve the dispute amicably.
• Failing resolution, the dispute will be put forward for resolution in accordance with the Rules of the Arbitration Foundation of Southern Africa. You shall be liable for all costs incurred by us in the enforcement of any rights which we have in terms of this Agreement

2) A DISPUTE WITH MAMAHOOD MEMBER
If you find yourself in a dispute with another Mamahood member or Trader, we encourage you to contact the other party and try to resolve the dispute amicably.

Mamahood will assist on a case by case basis in resolving member disputes. Mamahood does so in its sole discretion and has no obligation to assist in these matters.

Disclaimer

1) ENDORSEMENT
Mamahood acts as a platform and therefore does not endorse, approve or represent any of the content including business services, downloads and/or products, statements, information, data, opinions or advice provided by the Traders and members of the Mamahood website.

2) MEMBER OPINIONS
Mamahood provides directions for the use of the website but does not control the actions or opinions of the members of the Mamahood website. We will not be held responsible for the content contained within the website, nor the conduct of any Mamahood members. All interaction with any Traders within the Mamahood website or any Mamahood members is done so at your own risk.

3) RELEASE
You release Mamahood and the entirety of our staff of any claims, damages, losses and expenses of any kind relating to a dispute with any Mamahood member or a third party in every circumstance. Under no circumstances will you hold Mamahood or any of the Mamahood staff liable for any infringement of your intellectual property rights, loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts resulting from your use of or inability to use the website or the website materials.

4) DISCLAIM WARRANTIES
Mamahood disclaims all warranties of any kind, either express or implied.  No oral or written information provided by us shall create a warranty, nor shall you rely on any such information or advice.

These Terms shall be solely and exclusively governed by and construed and interpreted in accordance with the law of the Republic of South Africa.

Contact Us

If you have any questions regarding the Mamahood services, website, the Terms or any products, downloads or services please contact us at info@mamahood.co.za.

These Terms and Conditions were updated on 1 December 2019.