Terms of Service

1. Agreement to these terms

These Terms of Service ("Terms") form a binding legal agreement between you ("you", "user") and Indabazi ("Indabazi", "we", "us", "our") governing your access to and use of the Indabazi website at indabazi.co.za, our mobile applications, and all related services (collectively, the "Platform").

By creating an account, listing an item, browsing listings, submitting a contact form, subscribing to our newsletter, or otherwise using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Cookie Notice.

If you do not agree to these Terms, you must not use the Platform.

2. Definitions

• "Champion" or "Khaya Champion" — a locally recruited community leader who onboards members, verifies high-value listings, mediates disputes, and represents Indabazi within a defined neighbourhood.
• "Consumer" — a natural person acting for purposes wholly or mainly outside that person's trade, business, craft or profession, as defined in the Consumer Protection Act 68 of 2008 ("CPA").
• "Indabazi" — a geofenced neighbourhood area (a suburb or township section) within which listings, buyers and sellers are matched.
• "Listing" — any item, service, or offer posted on the Platform by a user.
• "Personal Information" — has the meaning given in the Protection of Personal Information Act 4 of 2013 ("POPIA").
• "Transaction" — any agreement between two users to buy, sell, exchange or transfer an item or service that is arranged via the Platform.
• "User" — any person who accesses or uses the Platform.

3. About Indabazi

Indabazi is a hyperlocal community-commerce platform that connects verified neighbours within walking distance for the purpose of buying and selling goods and services. Indabazi is based in Johannesburg, South Africa, South Africa.

You may contact us at any time at hello@indabazi.co.za or +27 10 000 0000.

4. ECTA disclosures

In compliance with section 43 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), we disclose the following:

5. Eligibility

To use the Platform you must:

• be at least 18 years old and legally competent to enter into binding contracts;
• be a natural person with a valid South African ID, passport, or refugee/asylum permit, or a business entity duly registered in South Africa and represented by an authorised person;
• possess a valid South African mobile number capable of receiving one-time PINs;
• not have been previously suspended or banned from the Platform; and
• not be barred from using the Platform under the laws of South Africa or any other applicable jurisdiction.

We reserve the right to refuse registration or access at our reasonable discretion, particularly where we believe identity fraud, money laundering, or harm to the community may result.

6. Accounts & verification

To transact on Indabazi you must register an account and verify:

• your mobile number, via a one-time PIN; and
• your South African ID number (or equivalent), once.

One verified identity is permitted per natural person. You are responsible for keeping your login credentials confidential. You must notify us immediately at hello@indabazi.co.za if you suspect unauthorised access to your account.

We may, at any time and for reasonable cause, request additional verification (including proof of address, proof of ownership of listed items, or a selfie with your ID) in order to protect the community.

7. Our role — intermediary platform

Indabazi is a platform, not a party to any transaction. We provide the technology, verification, matching, and community oversight that allow buyers and sellers to find each other. We do not:

• own, hold, inspect, or take possession of any item listed on the Platform;
• act as agent, broker, or fiduciary for either party;
• guarantee the quality, safety, legality, or title of any item;
• process or hold funds on behalf of users (payments settle directly between buyer and seller at handover).

The contract of sale is formed directly between buyer and seller. Indabazi is not a party to that contract and bears no liability for its performance or non-performance, subject to the CPA and applicable law.

8. Listings & prohibited items

You may list items and services you lawfully own and are entitled to sell. Listings must be accurate, complete, and not misleading. Photographs must depict the actual item offered.

The following items are strictly prohibited:

• illegal drugs, controlled substances, and drug paraphernalia;
• firearms, ammunition, explosives, and prohibited weapons;
• stolen goods, goods obtained through fraud, or goods subject to a legal dispute;
• counterfeit goods, pirated media, or intellectual-property-infringing items;
• protected wildlife, animal parts, or endangered species products;
• human organs, blood, tissue, or reproductive material;
• live animals (except where expressly permitted by law and our animal-welfare policy);
• identity documents, passports, licences, or government-issued credentials;
• hacking tools, malware, or services designed to facilitate cybercrime;
• sexual services, pornography involving minors, or any exploitative content;
• prescription medicines, medical devices requiring authorisation, or health claims that breach SAHPRA rules;
• financial instruments, unlicensed securities, or unregistered investment schemes;
• alcohol and tobacco to persons under 18, and any age-restricted goods sold in breach of South African law; and
• any item or service whose sale is prohibited or restricted under South African law.

We may remove any listing, without notice, that we reasonably believe breaches these Terms, the law, or the interests of the community.

9. Transactions, payments & handover

Indabazi is designed around face-to-face handover within your neighbourhood. Buyers and sellers agree on a public meeting point via in-app chat. Payment is made at the point of handover by one of the following methods:

Risk & safety: always meet in a public place, during daylight where possible, bring a friend if you are unsure, inspect items before paying, and never share banking OTPs with anyone — including someone claiming to be from Indabazi. Indabazi staff will never ask for your OTP, PIN, or banking password.

Proof of payment: you are responsible for verifying that funds have cleared in your account before releasing an item. A screenshot or SMS is not proof of cleared funds.

10. Khaya Champions

Champions are independent community members who have been recruited and approved by Indabazi to support a specific Indabazi area. Champions:

• are not employees or agents of Indabazi;
• receive a stipend and, where applicable, a share of transaction revenue generated in their area;
• must act fairly, impartially, and in the interests of their community;
• must not use their position for personal gain beyond the published remuneration; and
• may be removed at any time for misconduct, breach of these Terms, or loss of community trust.

Champion decisions on verification and local dispute mediation are subject to review and appeal by Indabazi.

11. Fees

Indabazi is free for individual buyers and sellers. There are no listing fees, no delivery fees, no commission on face-to-face transactions, and no subscription charges for personal use.

We may in future introduce optional paid features (such as boosted listings or business accounts). If we do, we will publish the fees clearly before you incur them, and you will never be charged without your explicit consent.

Any third-party costs (mobile data, bank fees, instant-EFT charges levied by your bank) are your responsibility.

12. Your content & licence

You retain ownership of any text, photographs, videos, or other content you upload to the Platform ("Your Content").

By uploading Your Content you grant Indabazi a worldwide, non-exclusive, royalty-free, sub-licensable licence to host, store, reproduce, adapt (for format and size), publish, and display Your Content solely for the purpose of operating, promoting, and improving the Platform. This licence ends when you delete Your Content or your account, except where:

• content has been shared with other users who have not deleted it;
• we are required to retain it by law; or
• it is needed to resolve an ongoing dispute or investigation.

You warrant that you own or have the necessary rights to Your Content, and that it does not infringe the rights of any third party or breach any law.

13. Intellectual property

All rights in the Platform — including the Indabazi name, logo, bee mark, source code, interface design, databases, and copy — are owned by or licensed to Indabazi and are protected by South African and international intellectual-property law.

You may not copy, modify, distribute, sell, reverse-engineer, or create derivative works from any part of the Platform without our prior written permission, except as permitted by law.

14. Acceptable use

You must not:

• impersonate any person, business, or Indabazi representative;
• create multiple accounts to evade a ban or verification;
• use the Platform to harass, threaten, defame, or discriminate against any person;
• post hate speech, incitement, or content that is obscene, violent, or unlawful;
• scrape, harvest, or bulk-download data from the Platform;
• introduce malware, viruses, or any code designed to disrupt the Platform;
• attempt to gain unauthorised access to any account, system, or network;
• manipulate reviews, ratings, or the vouching system;
• use the Platform to send spam or unsolicited commercial communications; or
• use the Platform for money laundering, terrorist financing, or any other financial crime.

Breach of this section may result in immediate suspension, permanent ban, and/or referral to law enforcement.

15. Reviews, ratings & vouching

Reviews and ratings may only be submitted after a completed transaction. This is a structural anti-fraud measure: no transaction, no review. Reviews must reflect your genuine experience and must not contain hate speech, personal information of others, or defamatory statements.

Vouching is a public statement that you personally know and trust another member. Vouches must be genuine. Abuse of the vouching system — including vouching for people you do not know, or trading vouches — may result in removal of the vouch, loss of vouching privileges, and account suspension.

We do not remove honest negative reviews. We may remove reviews that breach these Terms or applicable law.

16. Dispute resolution

Most disputes between neighbours are best resolved between neighbours. We encourage you to:

1. communicate directly with the other party via in-app chat;
2. if unresolved, request mediation from your local Khaya Champion; and
3. if still unresolved, escalate to Indabazi at hello@indabazi.co.za.

Indabazi's dispute-support process is a courtesy to the community and is not a substitute for legal process. We are not an arbitrator and our findings are not binding on either party, except where we exercise our right to suspend or terminate accounts.

Nothing in this section limits your rights under the CPA or your right to approach a Consumer Court, the National Consumer Commission, the Information Regulator, or a court of competent jurisdiction.

17. Suspension & termination

You may close your account at any time by contacting hello@indabazi.co.za. Closure does not affect transactions already in progress or accrued rights and obligations.

We may suspend or terminate your access, with or without notice, if:

• you breach these Terms or applicable law;
• we reasonably believe your account is being used for fraud or harm;
• we are required to do so by law or a competent authority; or
• we discontinue the Platform (in whole or in part).

18. Disclaimers & warranties

To the maximum extent permitted by law, the Platform is provided "as is" and "as available". We do not warrant that:

• the Platform will be uninterrupted, error-free, or secure;
• any listing will result in a sale;
• any user is who they claim to be, beyond the verification steps we perform; or
• any item listed is lawful, safe, or fit for any particular purpose.

Nothing in these Terms excludes or limits any warranty, right, or remedy that you may have under the CPA, ECTA, or any other law that cannot lawfully be excluded.

19. Limitation of liability

To the maximum extent permitted by law, Indabazi, its directors, employees, and Champions shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or opportunity, arising out of or in connection with your use of the Platform.

Where liability cannot lawfully be excluded, our total aggregate liability to you for any claim arising from your use of the Platform shall not exceed R1,000 (one thousand Rand).

Nothing in this section limits:

• your rights as a Consumer under sections 55–61 of the CPA (implied warranty of quality, safe goods, and redress);
• our liability for fraud, wilful misconduct, or gross negligence; or
• any liability that cannot be limited or excluded under South African law.

20. Indemnity

You agree to indemnify and hold harmless Indabazi, its directors, employees, and Champions from any claim, loss, damage, liability, or expense (including reasonable legal fees) arising from:

• your breach of these Terms;
• your breach of any law or third-party right;
• any item or service you list or transact; or
• your conduct on or off the Platform in connection with a transaction.

21. Consumer protection notice

If you are a Consumer under the CPA, you have rights that cannot be waived, including:

• the right to goods that are safe and of good quality (section 55);
• the right to return defective goods and receive a repair, replacement, or refund (section 56);
• the right to fair, just, and reasonable terms and conditions (section 48);
• the right to opt out of direct marketing (section 11); and
• the right to approach the National Consumer Commission, a Consumer Court, or the Consumer Goods and Services Ombud.

These Terms do not, and are not intended to, limit those rights. Where any term conflicts with the CPA, the CPA prevails.

22. Force majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including load-shedding, network outages, natural disasters, civil unrest, or acts of government.

23. Notices

Formal legal notices must be sent to hello@indabazi.co.za. Ordinary service notices and updates will be posted on the Platform or sent to the email address on your account.

24. Governing law & jurisdiction

These Terms are governed by the laws of the Republic of South Africa. You consent to the jurisdiction of the South African courts in respect of any dispute arising out of or in connection with these Terms, subject to any right you may have as a Consumer to bring proceedings in a Consumer Court or another forum of competent jurisdiction.

25. Changes to these terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or by a prominent notice on the Platform at least 14 days before the changes take effect. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

The "Last updated" date at the top of this page reflects the most recent revision.

26. Severability & waiver

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force. Our failure to enforce any right or provision is not a waiver of that right or provision.

27. Contact us

For any question about these Terms, contact:

• Email: hello@indabazi.co.za
• Phone: +27 10 000 0000
• Based in: Johannesburg, South Africa, South Africa

See also: Privacy Policy · Cookie Notice · Contact