Indemnity & Limitation of Liability

This section limits SmousPlek’s liability and requires you to indemnify SmousPlek. It forms part of the Terms of Use. Please read it carefully before posting or responding to an ad.

1. Use at your own risk

You use the platform and deal with other users at your own risk. We do not verify the identity of users, the accuracy of ads, the quality, safety or legality of items, or the ability of anyone to complete a transaction.

2. Exclusion of liability

To the extent the law allows, SmousPlek, its directors, employees and suppliers are not liable for any loss, damage, injury or expense, whether direct, indirect or consequential, arising from:

any ad, or any transaction, meeting, payment or communication between users;
fraud, theft or misrepresentation by another user;
the platform being unavailable, interrupted or containing errors, including during load-shedding or network outages;
loss of data or content, or unauthorised access to your account that is not caused by our negligence.

Nothing in these terms excludes liability that cannot lawfully be excluded, including liability for gross negligence (Consumer Protection Act, section 51(1)(c)) or any right a consumer has under that Act.

3. Limit on amount

Where we are found liable, our total liability to you is limited to the fees you paid us for the ad concerned in the 6 months before the claim.

4. Your indemnity

You indemnify SmousPlek and hold it harmless against any claim, loss, penalty or legal cost (on the attorney-and-client scale) brought by a third party or authority that arises from your ad, your content, your breach of these terms or the law, or any transaction you enter into through the platform.

5. Meeting other users

You are solely responsible for your safety when meeting other users, viewing items or property, or letting someone view your item. Follow our safety tips.