Legal › Terms of Service

Terms of Service

Toothless Holdings (Pty) Ltd · Reg. 2026/191148/07 · Effective 25 April 2026 · Version 1.0

1. Acceptance of Terms

By accessing or using the Markplain platform (including markplain.co.za, our mobile applications, and the Markplain Merchant Platform), you agree to be bound by these Terms of Service and all applicable South African laws and regulations. Markplain is a product owned and operated by Toothless Holdings (Pty) Ltd. If you do not agree to these terms, do not use the platform.

These Terms constitute a legally binding agreement between you and Toothless Holdings (Pty) Ltd. We reserve the right to update these Terms at any time with 30 days' notice.

2. Eligibility

• You must be at least 18 years of age to use Markplain
• You must be legally capable of entering into binding contracts under South African law
• You may not use the platform if you have previously been permanently banned by Markplain
• Business entities must be duly registered and in good standing

3. Account Registration

3.1 Account Creation

• You must provide accurate, current, and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorised use of your account
• One person may not maintain multiple active accounts

3.2 Verification

• Email verification is required to post listings
• Phone verification (Silver tier) unlocks additional platform features
• Identity verification (Gold tier) is voluntary but increases buyer trust
• Providing false information during verification is grounds for immediate permanent ban

4. Listings and Content

4.1 Permitted Listings

You may list goods and services that are legal under South African law, that you own or have the right to sell, and that comply with these Terms.

4.2 Prohibited Listings

The following are strictly prohibited on Markplain:

• Stolen or counterfeit goods
• Illegal weapons, ammunition, or explosives
• Controlled substances, drugs, or drug paraphernalia
• Adult content or services
• Human trafficking or exploitation
• Wildlife and endangered species
• Fraudulent financial instruments
• Goods subject to trade sanctions
• Any item prohibited under South African law
• Services that violate any applicable professional licensing requirement

4.3 Listing Accuracy

• All listings must accurately describe the item or service being offered
• Images must represent the actual item — stock photos misrepresenting condition are prohibited
• Prices must be in South African Rand (ZAR) unless the International module is active
• You may not list the same item in multiple categories simultaneously

4.4 Content Ownership

You retain ownership of the content you post. By posting on Markplain, you grant us a non-exclusive, royalty-free licence to display, reproduce, and distribute your content for the purposes of operating the platform.

5. Buying and Selling

5.1 Transactions

• Markplain is a marketplace platform — we are not a party to any transaction between buyers and sellers
• Sellers are responsible for accurate description, legal ownership, and delivery of goods
• Buyers are responsible for payment and for inspecting goods before confirming receipt
• All prices are final unless the listing is marked as Negotiable

5.2 Markplain Pay (Escrow)

• Markplain Pay is an optional escrow service — both parties must agree to use it
• When Markplain Pay is used, funds are held until the buyer confirms receipt
• Buyers have 48 hours after confirmed delivery to raise a dispute
• If no dispute is raised within 48 hours, funds are automatically released to the seller
• Markplain charges a service fee of 2.5% on Markplain Pay transactions
• Markplain is not liable for disputes arising from transactions conducted outside Markplain Pay

5.3 Auctions

• A bid is a binding offer — you are legally obligated to complete the purchase if you win
• The seller sets the reserve price — an auction may not result in a sale if reserve is not met
• Bid manipulation, shill bidding, and bid retraction are strictly prohibited
• Markplain may cancel or void bids at its sole discretion if fraud is suspected

6. Prohibited Conduct

You agree not to:

• Post false, misleading, or fraudulent content
• Attempt to circumvent the platform's messaging system to share contact details for the purpose of avoiding platform fees
• Harass, threaten, or intimidate other users
• Use automated tools, bots, or scrapers on the platform without written permission
• Attempt to hack, disrupt, or compromise the security of the platform
• Create fake accounts or impersonate other persons or entities
• Engage in price manipulation, bid shill, or market manipulation
• Use the platform for any purpose other than legitimate buying and selling

7. Merchant Platform Terms

7.1 Merchant Account

• Merchant accounts require Silver-level verification as a minimum
• Merchants are responsible for the accuracy of all information on their storefront
• Merchants must comply with all applicable consumer protection laws, including the Consumer Protection Act 68 of 2008
• Merchants are responsible for VAT collection and remittance if registered as a VAT vendor

7.2 Merchant Payments

• Merchants use their own PayFast or Ozow accounts — Markplain is not a payment processor
• The monthly platform licence fee (R500 or applicable plan) is payable in advance
• Non-payment results in store suspension after a 7-day grace period
• Markplain is not liable for any loss suffered by the merchant because of payment gateway downtime or failure

7.3 Merchant Responsibilities

• Merchants are responsible for all customer service, returns, refunds, and disputes relating to their store
• Markplain may remove a merchant's store if it violates these Terms or receives persistent complaints
• Merchants must maintain sufficient stock to fulfil orders or promptly notify buyers of stock issues

8. Intellectual Property

• The Markplain name, logo, and platform design are the intellectual property of Markplain (Pty) Ltd
• You may not use Markplain's trademarks, logos, or branding without prior written permission
• If you believe content on the platform infringes your copyright, contact us at info@markplain.co.za with a DMCA-style notice

9. Disclaimers and Limitation of Liability

9.1 Platform as Intermediary

Markplain is a marketplace platform. We do not manufacture, supply, inspect, or guarantee any goods or services listed on the platform. We are not responsible for the accuracy of listings, the quality of goods, or the conduct of users.

9.2 Limitation of Liability

To the maximum extent permitted by South African law, Markplain's total liability to you for any claim arising from your use of the platform shall not exceed the amount you paid to Markplain in the 3 months preceding the claim.

Markplain shall not be liable for any indirect, consequential, special, or punitive damages.

9.3 Consumer Protection Act

Nothing in these Terms limits any rights you may have under the Consumer Protection Act 68 of 2008 or any other applicable South African consumer protection legislation.

10. Termination

• You may close your account at any time via your account settings
• Markplain may suspend or terminate your account for violation of these Terms
• Upon termination, your listings will be removed and your data retained per our Privacy Policy
• Merchants will receive a pro-rata refund of any prepaid licence fees for unused complete months upon termination by Markplain without cause

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of South Africa. Any dispute arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

Before initiating legal proceedings, both parties agree to attempt resolution through the Markplain dispute resolution process. Merchants may also refer disputes to the National Consumer Commission.

12. Contact