Vendors
Vendor / Merchant Agreement
The agreement between Visit Gauteng and vendors selling on the platform.
Effective: to be confirmed on approval
Interim version. This document reflects current commercial decisions and is published in good faith for transparency. It is not yet final. Final terms will be confirmed after sign-off by South African counsel and the Gauteng Tourism Authority. If you have legal queries in the meantime, contact [email protected].
Parties and status
This agreement is between Mind Interactive Holdings (Pty) Ltd (trading as Mind Interactive), which operates the Visit Gauteng platform under licence of the Visit Gauteng brand ('the Platform' or 'Mind Interactive'), and the vendor accepting it ('you'). You are an independent contractor and the supplier of your goods/experiences. Nothing creates employment, agency, partnership or joint venture, and you are not an agent of Mind Interactive or the GTA.
Eligibility, onboarding and KYC
You must provide accurate business, tax and contact details, valid identification, and banking details for payouts, and upload any documents we reasonably require. We may approve, decline, or request further information, and may verify your details. We handle your KYC information under POPIA and keep it only as long as needed.
Your warranties
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You are duly registered and tax-compliant and hold all permits/licences needed to sell your goods/experiences.
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Your listings are accurate, current and lawful.
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Your goods/experiences are safe, legal and authentic and comply with the Prohibited & Restricted Items Policy.
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You own, or are licensed to use, all content and intellectual property you upload.
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Listings and content licence
You grant the Platform a non-exclusive, royalty-free licence to host, display and promote your listing content on Visit Gauteng and in associated platform marketing. You warrant you hold the rights and indemnify the Platform against IP, defamation and related claims. We may edit or remove listings that breach this agreement or the law.
Pricing, fees and commission
You set your prices (inclusive of VAT where applicable). The Platform deducts commission at the rate shown in your dashboard. Fees may change on reasonable notice. The commission and any service fees are disclosed transparently.
Payments, payouts and reserves
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Customer payments are processed through the registered payment processor (PayFast).
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Payouts of your net proceeds are made to your bank details on file on the schedule shown in your dashboard.
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We may hold a reserve or holdback for disputes, and may set off refunds and chargebacks against current or future payouts.
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You are responsible for keeping your banking and tax details current.
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Consumer-law compliance
You must honour buyers' rights under the Consumer Protection Act and ECT Act, including the cooling-off right and its exceptions, section 17 cancellation, quality and defect remedies, and our Cancellation/Refund and Returns policies. You bear primary supplier liability for your goods/experiences.
Cancellations, refunds and fulfilment
You must fulfil accepted orders and bookings, dispatch on time, and apply cancellation/refund terms consistent with platform policy and the CPA. Where a refund is due, it is funded from your proceeds or recovered from you.
Product safety and liability
For physical goods, you accept responsibility and the strict product-liability risk under section 61 of the Consumer Protection Act, indemnify the Platform against related claims, and must carry appropriate product- and public-liability insurance for higher-risk categories, with proof on request.
Data protection (POPIA operator terms)
Where you receive buyer personal information (e.g. for fulfilment), you act as an operator: use it only to fulfil the order, keep it secure, do not use it for your own marketing without consent, do not retain it longer than needed, and notify us promptly of any security compromise.
Prohibited conduct and brand use
You must comply with the Code of Conduct and Prohibited & Restricted Items Policy. You may use the Visit Gauteng / GTA name and marks only as permitted, and must not imply official endorsement beyond what is granted.
Suspension, termination and offboarding
We may suspend or terminate your account for breach, unlawful conduct, or risk to buyers or the Platform. On termination you must fulfil or refund pending orders; warranties, indemnities and data-protection obligations survive. You may close your account on notice, subject to completing open orders.
Indemnity and liability
You indemnify the GTA and Mind Interactive against claims, losses and costs arising from your goods/experiences, content, conduct or breach. The Platform's liability to you is limited to the maximum extent permitted by law; neither party is liable for indirect or consequential loss.
Disputes and governing law
The parties will first try to resolve disputes in good faith. This agreement is governed by South African law, with jurisdiction in the courts of Johannesburg, Gauteng. The Platform's role in any buyer-vendor dispute is that of facilitator/mediator, not a party to the sale.
Changes
We may update this agreement and the referenced policies on reasonable notice. Continued use of the Platform after a change means you accept it.
Contact
Questions about this document: [email protected]. Operator: Mind Interactive Holdings (Pty) Ltd (trading as Mind Interactive), reg 2020/171062/07, VAT 4530314246, Design Quarter, Leslie Road, Douglasdale, 2191; [email protected]; www.mindinteractive.co.za. Brand owner and tourism partner: Gauteng Tourism Authority (GTA), 12th Floor, 124 Main Street, Marshalltown, 2001; [email protected]. You may also lodge a complaint with the Information Regulator of South Africa ([email protected]; https://inforegulator.org.za).
Operated by Mind Interactive Holdings (Pty) Ltd (trading as Mind Interactive, reg 2020/171062/07, VAT 4530314246) under the Visit Gauteng brand licensed from the Gauteng Tourism Authority (GTA).