Terms and Conditions for Internet use
1) General
- By entering and using this website you agree to all of the terms and conditions as set out below. Joburg Market (Pty) Ltd is a corporatized trading entity of the City of Joburg Municipality with registered office at Heidelberg Road, City Deep, Johannesburg, 2049, duly incorporated to conduct business in South Africa.
2) Privacy Statement
- Joburg Market recognises the importance of protecting your privacy. Please be assured that the Joburg Market shall refrain from selling or trading any personal or sensitive information about our customers or prospective customers to any company, organisation or person outside of Joburg Market, except where we are legally obliged to disclose such information.
- Joburg Market shall be entitled to collect technical data about the type of internet browser and computer operating system that a user may use. This information shall be used only for tracking of the site usage and shall be done in anonymity.
3) Product Specification
- The specifications contained on this website are for information purposes only. Please consult Joburg Market If you require any specific feature in relation to your specification needs.
4) Intellectual Property Rights
- This website is published by Joburg Market and is protected by copyright and intellectual property rights in existence in South Africa. All website design, text, graphics, the typographical arrangement thereof, and all other material on this website is the intellectual property of Joburg Market or service providers.
- Permission is hereby granted to electronically copy and to print hard copy portions of this website for the sole purpose of using this as an information resource for Joburg Market products and services. Any other use of materials on this website, including reproduction for purposes other than the above, modification, distribution or republication without the prior written permission of Joburg Market is prohibited.
- The trade marks, logos and service marks shown on this website, unless otherwise specified, are the trademarks of Joburg Market or City of Joburg Municipality. No rights are granted to use any of them in any manner whatsoever.
- It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website. Joburg Market shall take such steps as it deems necessary in relation to any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or who attempts to gain unauthorised access to any page on this website.
- Any infringement of Joburg Market’s rights or the rights of City of Joburg Municipality shall result in appropriate legal action being taken against you.
5) Disclaimer and Liability
- All representations, conditions of any kind or other terms arising from legislation or the common law in relation to this website or the information, content, materials or products included on this Website are hereby expressly excluded.
- Joburg Market shall not be liable in any circumstances for any direct, indirect, special or consequential loss or damage (whether for profit or loss or otherwise) costs, claims, expenses, royalties, usage rights, publication of images or materials posted on websites generally or other claims for compensation/fees whatsoever, whether caused by the acts, omissions or the negligence of Joburg Market, its employees agents or service providers, which arise out of or in connection with the use of this Website or the information, content materials or products included on or subsequently appearing on this website, except in respect of death or personal injury caused by Joburg Market’s employees’ or its agents’ proven negligence.
- Joburg Market does not accept any responsibility or liability for access to or material on, any website that is linked from or to this website.
- By using this website or communicating with Joburg Market by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be “in writing”.
- All items purchased from Joburg Market shall be subject to the Market By-Laws.
6) Misuse Statement
- Joburg Market reserves the right to prevent your usage of this site if you misuse the contents contained within this website in any manner. Joburg Market shall have the sole discretion to establish what shall constitute misuse or abuse and its decision shall be final and binding.
7) Governing Law
- These terms and conditions shall be subject to South African law and the parties to any dispute or action hereby submit to the exclusive jurisdiction of the South African courts.
- No information or data on this website is an offer but merely an invitation to do business.
- No agreements shall be concluded merely by sending a data message to this website or its owners.
- To maximise the surfing experience and provide peace of mind to visitors on our website, Joburg Market strives through constant updating to remain compliant with the Electronic Communications and Transaction Act.
8) Changes to terms and Conditions
- Joburg Market reserves the right to change the website terms and conditions.
- Any change shall become effective upon publication on this website.
9) Indemnity
- By accessing and using this website, you indemnify Joburg Market, its employees, agents, and service providers, against any claims by third parties arising from your access and/or use of the website.
10) Interruption, Suspension or Termination of the Website
- Joburg Market reserves the right, in its sole discretion and without notice, to interrupt, suspend or terminate this website as a whole or in part and to change the software and/or hardware required to gain access to this website.
Who we are
In this section you should note your site URL, as well as the name of the company, organization, or individual behind it, and some accurate contact information.
The amount of information you may be required to show will vary depending on your local or national business regulations. You may, for example, be required to display a physical address, a registered address, or your company registration number.
What personal data we collect and why we collect it
In this section you should note what personal data you collect from users and site visitors. This may include personal data, such as name, email address, personal account preferences; transactional data, such as purchase information; and technical data, such as information about cookies.
You should also note any collection and retention of sensitive personal data, such as data concerning health.
In addition to listing what personal data you collect, you need to note why you collect it. These explanations must note either the legal basis for your data collection and retention or the active consent the user has given.
Personal data is not just created by a user’s interactions with your site. Personal data is also generated from technical processes such as contact forms, comments, cookies, analytics, and third party embeds.
By default WordPress does not collect any personal data about visitors, and only collects the data shown on the User Profile screen from registered users. However some of your plugins may collect personal data. You should add the relevant information below.
Comments
In this subsection you should note what information is captured through comments. We have noted the data which WordPress collects by default.
Media
In this subsection you should note what information may be disclosed by users who can upload media files. All uploaded files are usually publicly accessible.
Contact forms
By default, WordPress does not include a contact form. If you use a contact form plugin, use this subsection to note what personal data is captured when someone submits a contact form, and how long you keep it. For example, you may note that you keep contact form submissions for a certain period for customer service purposes, but you do not use the information submitted through them for marketing purposes.
Cookies
In this subsection you should list the cookies your website uses, including those set by your plugins, social media, and analytics. We have provided the cookies which WordPress installs by default.
Analytics
In this subsection you should note what analytics package you use, how users can opt out of analytics tracking, and a link to your analytics provider’s privacy policy, if any.
By default WordPress does not collect any analytics data. However, many web hosting accounts collect some anonymous analytics data. You may also have installed a WordPress plugin that provides analytics services. In that case, add information from that plugin here.
Who we share your data with
In this section you should name and list all third party providers with whom you share site data, including partners, cloud-based services, payment processors, and third party service providers, and note what data you share with them and why. Link to their own privacy policies if possible.
By default WordPress does not share any personal data with anyone.
How long we retain your data
In this section you should explain how long you retain personal data collected or processed by the website. While it is your responsibility to come up with the schedule of how long you keep each dataset for and why you keep it, that information does need to be listed here. For example, you may want to say that you keep contact form entries for six months, analytics records for a year, and customer purchase records for ten years.
What rights you have over your data
In this section you should explain what rights your users have over their data and how they can invoke those rights.
Where your data is sent
In this section you should list all transfers of your site data outside the European Union and describe the means by which that data is safeguarded to European data protection standards. This could include your web hosting, cloud storage, or other third party services.
Where applicable, European data protection law requires personal data of individuals in the European Union or European Economic Area, and other personal data subject to that law, to be protected when transferred outside the European Union or European Economic Area. In addition to listing where the data is transferred, you should explain the legal basis and safeguards relied on for the transfer, such as an adequacy decision, Standard Contractual Clauses, or Binding Corporate Rules. You should also describe any supplementary measures used where relevant.
Contact information
In this section you should provide a contact method for privacy-specific concerns. If you are required to have a Data Protection Officer, list their name and full contact details here as well.
Additional information
If you use your site for commercial purposes and you engage in more complex collection or processing of personal data, you should note the following information in your privacy policy in addition to the information we have already discussed.
How we protect your data
In this section you should explain what measures you have taken to protect your users’ data. This could include technical measures such as encryption; security measures such as two factor authentication; and measures such as staff training in data protection. If you have carried out a Privacy Impact Assessment, you can mention it here too.
What data breach procedures we have in place
In this section you should explain what procedures you have in place to deal with data breaches, either potential or real, such as internal reporting systems, contact mechanisms, or bug bounties.
What third parties we receive data from
If your website receives data about users from third parties, including advertisers, this information must be included within the section of your privacy policy dealing with third party data.
What automated decision making and/or profiling we do with user data
If your website provides a service which includes automated decision making – for example, allowing customers to apply for credit, or aggregating their data into an advertising profile – you must note that this is taking place, and include information about how that information is used, what decisions are made with that aggregated data, and what rights users have over decisions made without human intervention.
Industry regulatory disclosure requirements
If you are a member of a regulated industry, or if you are subject to additional privacy laws, you may be required to disclose that information here.
We use the WP Statistics plugin to analyze traffic on our website. WP Statistics stores its data on our own server and does not transmit it to any third parties. Below, we describe what information we collect through WP Statistics, why we collect it, and how it is handled. If you have questions or concerns about our analytics practices, please contact us or review the WP Statistics Data Privacy guide.
We track certain details about logged-in visitors on our site. Specifically:
- User ID & Page Views: If you are logged in, we associate your account (username/ID) with your page visits.
- Purpose: This helps us understand how registered members use our site and improve their experience.
- Local & Secure Storage: These logs are kept securely on our server and are not shared externally.
- Your Choices: You can choose to browse without logging in if you prefer not to link your visits with your user account. You may also contact us to request removal of any collected data where legally applicable.