Terms and Conditions

Introduction

These Terms and Conditions ("Terms") govern access to and use of the ANIMEX Platform, including Listings, Secure Checkout, messaging, verification tools, adoption tools, payment workflows, support services, and all related features.

By creating an account, posting a Listing, applying to adopt, purchasing, using Secure Checkout, communicating through the Platform, or otherwise using the Platform, you agree to be bound by these Terms, the Privacy Policy, Secure Checkout Policy, Refund Policy, Animal Welfare Policy, Adoption Policy, and all other policies incorporated by reference.

If you do not agree to these Terms in full, you must not access or use the Platform.

To the extent required by section 22 of the CPA, these Terms are drafted in plain language. If any provision is unclear, contact info@animexofficial.co.za for an explanation.

Parties

"ANIMEX", "we", "us", or "our" means ANIMEX (Pty) Ltd, registration number 2026/171061/07, with registered office at 37 8th Avenue, Houghton, Gauteng, 2198, South Africa.

"You" or "User" means any person or entity that accesses or uses the Platform.

Nature of ANIMEX

ANIMEX is an online marketplace that facilitates the listing, discovery, communication, transaction arrangement, and adoption workflow for Animals only. Unless expressly stated otherwise in writing, ANIMEX is not the seller, buyer, breeder, Animal owner, veterinary practitioner, animal health technician, welfare authority, transporter, logistics provider, attorney, legal adviser, insurer, bank, deposit-taking institution, credit provider, payment service provider in its own right, investment provider, or escrow provider.

Under Secure Checkout, ANIMEX acts only as limited Collection Agent for the Seller and issues conditional release instructions based on Platform events, risk checks, and internal review. At no time does ANIMEX take ownership of the Animal or beneficial ownership of User funds.

Animal-Only Marketplace

The Platform is strictly for Animal Listings. Unless ANIMEX introduces a specifically approved category in writing, the following are prohibited: food, treats, feed products, toys, accessories, equipment, medicines, supplements, veterinary products, unrelated services, and non-animal goods.

Eligibility

You may use the Platform only if you:

are at least 18 years old and have legal capacity to contract under South African law;
provide true, accurate, complete, and current information at all times;
comply with all applicable South African legislation, provincial and municipal rules, and any other applicable law governing the keeping, breeding, trading, or rehoming of the relevant Animal;
are not suspended, banned, or previously removed from the Platform. If you act for a company, trust, close corporation, non-profit organisation, or other entity, you warrant that you are duly authorised to bind that entity.

Account Registration and Security

You must register a verified account before accessing certain Platform features. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You must notify ANIMEX at info@animexofficial.co.za immediately if you suspect unauthorised account access.

ANIMEX may require identity, address, banking, ownership, veterinary, welfare, breeder, permit, or organisational documentation before enabling or continuing account features. ANIMEX may refuse, suspend, restrict, downgrade, or permanently terminate any account where ANIMEX reasonably suspects fraud, illegality, welfare risk, misrepresentation, payment abuse, chargeback abuse, policy breach, security risk, or platform misuse.

User Roles

ANIMEX may support multiple User roles including Buyer, Seller, Breeder, Adopter, Welfare-Verified Shelter, SPCA or Welfare Organisation, Veterinarian, Admin, Support, Auditor, and Super Admin. Different roles carry different permissions, verification requirements, fee structures, approval steps, and obligations.

Listings

A Seller is solely responsible for the accuracy, legality, completeness, and lawfulness of every Listing. Each Listing must include honest, current, and complete information about:

species, breed (or best estimate if unknown), age or estimated age, and sex;
health status, known illnesses, injuries, chronic conditions, or genetic issues;
vaccination status and documentary proof;
sterilisation status, where applicable;
microchip number and registration, where applicable;
temperament and any known behavioural issues;
special needs or special care requirements;
price or adoption fee;
location and collection or delivery arrangements;
Seller identity and verification status;
all required permits, licences, and documents for the species listed. No puppy, kitten, or other neonate Animal may be listed or transferred before the minimum age prescribed by applicable law, welfare standard, or ANIMEX policy, and in any event not before 8 (eight) weeks of age unless urgent veterinary or welfare circumstances require otherwise. False, misleading, incomplete, abusive, duplicated, bait, unlawful, or welfare-risk Listings are prohibited.

Prohibited Listings and Species Compliance

You may not list: stolen Animals; Animals obtained illegally; Animals you do not legally own or have authority to transfer; Animals subject to dispute or court order; Prohibited Animals without verified permits; Animals for fighting or unlawful purposes; abused or unfit Animals except through a Welfare-Verified rescue process; or Animals with falsified documents.

ANIMEX relies on User disclosures, documentation, and risk checks. Responsibility for ensuring compliance with species-specific legal requirements remains solely with the User.

Animal Welfare Standard

All Users must comply with the Animals Protection Act, NEMBA, TOPS Regulations, the Societies for the Prevention of Cruelty to Animals Act 169 of 1993, provincial and municipal by-laws, and all applicable welfare norms. ANIMEX may remove Listings, block transactions, request veterinary confirmation, report conduct to authorities, suspend accounts, cooperate with welfare inspectors, the SPCA, SAPS, or provincial conservation authorities, and take proportionate action where welfare concerns arise.

Adoption Listings

Only Welfare-Verified shelters, SPCA branches, approved animal welfare organisations, and approved veterinary practitioners may post adoption Listings. Adoption Listings follow an apply, review, approve, payment, and handover process. Adoption fees are not treated as commercial sale proceeds. Secure Checkout release rules for commercial sales do not apply to adoption Listings unless expressly stated.

Secure Checkout

The Buyer pays through the Payment Provider. ANIMEX facilitates collection as limited Collection Agent for the Seller and does not provide banking, deposit-taking, credit, insurance, investment management, escrow, or trust account services. Payment processing is performed by the Payment Provider under its own terms and regulatory obligations. ANIMEX does not take beneficial ownership of User funds at any time.

The Seller appoints ANIMEX as limited Collection Agent for approved Secure Checkout transactions. A Buyer's payment confirmed by the Payment Provider is treated as payment to the Seller from confirmed receipt, subject to fraud checks, chargeback risk, payment reversal, Disputes, and these Terms.

Secure Checkout Release Rules

Funds are released based on system-triggered conditions and internal review processes. Release is controlled by predefined system conditions, Payment Provider settlement requirements, and risk-review controls. Release may occur when: the Buyer confirms receipt; collection or delivery is confirmed; the applicable Review Window expires without a valid Dispute; or ANIMEX determines following review that Seller requirements are met.

Funds may be delayed, paused, reversed, or withheld where there is an active Dispute, suspected fraud, chargeback risk, welfare concern, identity or document concern, regulatory request, Payment Provider hold, or admin investigation. Once funds are released to the Seller, ANIMEX is under no obligation to recover or reverse them.

Review Window

Unless otherwise expressly stated, the Buyer has the applicable app-calculated Review Window from confirmed handover to raise a material issue: buyer pickup 24 hours, seller delivery 48 hours, buyer-arranged transport 48 hours, and courier/transporter delivery 72 hours, unless the order screen, platform configuration, or published terms state a different lawful period. A material issue includes: a material mismatch with the Listing; an undisclosed serious pre-existing illness or injury known or reasonably knowable by the Seller; the wrong Animal; missing or false required documents; fraud; unlawful conduct; or welfare misrepresentation.

The Review Window is not a general change-of-mind or cooling-off right for live Animals. Nothing in this clause limits rights that cannot be excluded under the CPA.

Disputes

ANIMEX may assist in resolving marketplace Disputes but is not a court, arbitration tribunal, veterinary authority, welfare inspector, or legal decision-maker. ANIMEX may request any relevant evidence and may decide to release funds, refund, cancel a transaction, suspend Users, require welfare-appropriate surrender, or refer the matter to a welfare body or law enforcement. ANIMEX reserves the right to reject Disputes it reasonably believes to be fraudulent, abusive, retaliatory, or raised in bad faith.

ANIMEX's decision is an internal marketplace determination and does not constitute a legal finding. Users retain all rights before courts, regulators, consumer bodies, or law enforcement.

Fees

ANIMEX may charge listing fees, success fees, Secure Checkout service fees, adoption service fees, verification fees, payment processing fees, payout fees, cancellation fees, dispute handling fees where lawful, and other fees displayed on the Platform. All fees are disclosed before payment where reasonably possible, are quoted inclusive of VAT where ANIMEX is a registered VAT vendor, and invoices or fiscal documents will be issued where required by law.

INTERNAL NOTE: Confirm ANIMEX's VAT registration status. If registered under VAT Act 89 of 1991, insert VAT number and ensure all fee displays are VAT-inclusive. If not yet registered, disclose this clearly.

Refunds and Cancellations

Refunds may be approved for material misrepresentation, wrong Animal, lack of Seller authority, false or missing required documents, serious undisclosed pre-existing health condition, unlawful transaction, proven welfare risk, or Seller failure to hand over. Refunds will ordinarily be refused where the issue was disclosed, caused by the Buyer, based on buyer's remorse, raised late without justification, unsupported by evidence, or where funds have been released and recovery is not possible. Nothing in these Terms excludes CPA rights that cannot lawfully be excluded.

Buyer Responsibilities

Buyers must: read Listings carefully; ask relevant questions; assess suitability; comply with housing, transport, and welfare laws; collect or receive the Animal as agreed; treat Animals humanely; report material issues promptly within the applicable Review Window; avoid fraudulent Disputes; and maintain safe living conditions after handover.

Seller Responsibilities

Sellers must: provide truthful Listing information; disclose all known health, behavioural, legal, ownership, genetic, and document issues; hold legal authority to transfer the Animal; provide required documentation; comply with all welfare law; cooperate with verification and Disputes; honour confirmed transactions; and not list stolen, restricted, unfit, or misrepresented Animals.

No Veterinary Advice

ANIMEX does not provide veterinary advice, diagnosis, treatment recommendations, animal health guidance, or emergency animal care. Any health information on the Platform is for marketplace disclosure purposes only. Users must consult a registered veterinary practitioner under the Veterinary Professions Act for all animal health concerns.

Transport and Handover

Unless ANIMEX expressly provides an approved logistics feature, transport and handover are arranged directly between Buyer and Seller. All transport must be humane, lawful, safe, species-appropriate, and compliant with applicable transport welfare standards including, where applicable, the NSPCA's guidelines for the transport of animals. ANIMEX is not responsible for injury, death, loss, escape, illness, delay, or damage occurring during transport or handover.

Platform Moderation

ANIMEX may moderate, restrict, remove, hide, reject, or suspend Listings, messages, accounts, payments, withdrawals, reviews, images, documents, and Content without prior notice where necessary to protect Users, Animals, the Platform, payment systems, legal compliance, or the public.

Reviews and Ratings

Reviews must be honest, factual, relevant, and based on genuine completed transactions. False, abusive, defamatory, threatening, discriminatory, retaliatory, paid, incentivised, or manipulated reviews may be removed.

User Content

You grant ANIMEX a non-exclusive, worldwide, royalty-free, sublicensable licence to host, use, display, reproduce, moderate, adapt, and distribute your Content for Platform operation, safety, trust, legal compliance, dispute handling, and ANIMEX marketing. This licence does not transfer ownership of your Content. You warrant that your Content does not infringe third-party rights, violate law, or contain defamatory, obscene, harmful, illegal, misleading, or abusive material.

Privacy

ANIMEX processes personal information according to the Privacy Policy and POPIA. By using the Platform, you acknowledge having read the Privacy Policy.

Electronic Communications and Anti-Spam

You consent to receive electronic communications from ANIMEX relating to your account, Listings, payments, Disputes, verification, policy changes, and Platform notices. Marketing communications are sent only where you have provided specific, informed consent as required by section 69 of POPIA, or where permitted under section 45 of the ECT Act (which governs unsolicited commercial communications), and you may unsubscribe at any time without charge. You must not send spam, phishing, malicious, or unsolicited bulk communications through the Platform's messaging tools.

Off-Platform Circumvention

Users may not use ANIMEX to discover, negotiate, or initiate a transaction and then complete that transaction off-platform to avoid fees, Secure Checkout, verification, welfare checks, or platform controls. If ANIMEX reasonably determines that a transaction was initiated on the Platform but completed off-platform, ANIMEX may charge the applicable fees, suspend accounts, restrict features, and pursue recovery through lawful means.

Account Suspension and Termination

ANIMEX may suspend, restrict, downgrade, or permanently ban Users for fraud, animal abuse, welfare risk, illegal Listings, payment abuse, chargeback fraud, harassment, threats, fake accounts, impersonation, document falsification, repeat or material policy breaches, platform manipulation, regulatory risk, or legal risk. Pending payouts may be held during investigation. ANIMEX will provide reasonable notice of suspension and an opportunity to respond where lawful and practical.

Platform Availability

ANIMEX does not guarantee uninterrupted, error-free, or always-available operation. Access may be suspended for maintenance, upgrades, emergency fixes, security incidents, infrastructure failures, or Payment Provider outages. ANIMEX is not liable for losses caused by temporary unavailability, delayed notifications, message delivery failure, or system bugs except where liability cannot lawfully be excluded.

Cybercrimes and Unlawful System Access

Users may not: access the Platform or any ANIMEX system, account, or data without authorisation, in breach of the Cybercrimes Act; intercept any data transmission on the Platform; perform any act that constitutes a cyber offence under the Cybercrimes Act; use the Platform to conduct phishing, malware distribution, ransomware, or any cybercrime; or exploit any vulnerability in the Platform without ANIMEX's prior written consent.

ANIMEX may report suspected cybercrimes to the South African Police Service Directorate for Priority Crime Investigation (DPCI), the Cybercrime Centre, or any other competent authority, and may cooperate with any investigation.

Regulatory Changes

If any law, regulation, regulator position, banking requirement, Payment Provider requirement, or compliance obligation changes in a manner that affects ANIMEX's services, ANIMEX may modify, suspend, restrict, or discontinue any feature, including Secure Checkout, without liability, provided that ANIMEX handles pending User funds and transactions in accordance with applicable law and commercially reasonable steps.

Limitation of Liability

PLEASE READ THIS CLAUSE CAREFULLY. To the fullest extent permitted by the CPA and other applicable law, ANIMEX's total liability to a User for claims arising from or related to the Platform, a Listing, a transaction, Secure Checkout, or these Terms is limited to the lesser of:

the total fees paid by that User to ANIMEX in respect of the specific transaction giving rise to the claim in the 12 (twelve) months preceding the claim; or
R 10 000 (ten thousand rand). INTERNAL NOTE: The R10 000 cap is a starting point. Your attorney must advise on the appropriate cap having regard to your actual fee revenue, insurance position, and CPA compliance. Section 49 of the CPA requires this limitation to be specifically drawn to the consumer's attention in a manner and form that satisfies the section.

ANIMEX is not liable for: User conduct or misrepresentation; Animal condition, health, temperament, or suitability; failed handovers or transport incidents; veterinary costs or Animal injury or death after handover; indirect or consequential loss; emotional distress; lost profits or lost opportunity; Payment Provider failures; Force Majeure Events; or losses arising from a User's breach of law or policy.

Nothing in these Terms excludes liability that cannot lawfully be excluded under the CPA or any other applicable law.

Indemnity

You indemnify ANIMEX, its directors, employees, contractors, agents, and service providers against all claims, actions, losses, damages, fines, penalties, legal costs (on an attorney-and-own-client scale), chargebacks, welfare complaints, regulatory investigations, and third-party claims arising from your Listings, Content, representations, conduct, policy breach, legal breach, misrepresentation, Animal welfare violation, or infringement of third-party rights.

Consumer Protection Act

Nothing in these Terms is intended to exclude, restrict, or modify rights or protections afforded under the CPA where the CPA applies. If a provision conflicts with mandatory CPA rights, the CPA prevails to the extent of the conflict. ANIMEX acknowledges that live Animals create welfare-sensitive circumstances and any CPA remedy involving an Animal must be interpreted consistently with animal welfare, safety, and humane handling.

Intellectual Property

All intellectual property in the Platform, including the ANIMEX name, logo, branding, software, database structure, design, ANIMEX-generated content, workflows, and trade secrets, is owned by or licensed to ANIMEX and protected under the Copyright Act 98 of 1978 and applicable South African intellectual property law. You may not copy, reproduce, modify, reverse-engineer, resell, sublicense, scrape, frame, or distribute ANIMEX intellectual property without prior written consent.

Force Majeure

ANIMEX is not liable for delay or failure to perform caused by a Force Majeure Event. ANIMEX will take reasonable steps to minimise the impact and notify affected Users where reasonably practical. If a Force Majeure Event continues for more than 30 (thirty) calendar days and materially prevents performance, either party may terminate the affected transaction on written notice, and ANIMEX will use reasonable endeavours to return held funds to the appropriate party.

Amendments

ANIMEX may amend these Terms and associated policies. For material changes affecting User rights or obligations, ANIMEX will provide at least 20 (twenty) business days' notice by in-app notification, email to the registered email address, or prominent Platform notice. Continued use after the notice period constitutes acceptance. If you do not accept the amended Terms, you must cease using the Platform before the effective date.

Severability

If any provision is invalid, unlawful, void, or unenforceable, it will be severed and the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms, together with the Privacy Policy, Secure Checkout Policy, Refund Policy, Animal Welfare Policy, Adoption Policy, and all other Platform policies, constitute the entire agreement between ANIMEX and the User regarding Platform use and supersede all prior negotiations, representations, or agreements.

Waiver

No failure or delay by ANIMEX to exercise a right constitutes a waiver. No single or partial exercise prevents further exercise.

Assignment

You may not assign your rights or obligations without ANIMEX's prior written consent. ANIMEX may assign, transfer, or novate these Terms in connection with a merger, acquisition, restructuring, or sale of substantially all assets on 20 (twenty) business days' notice. If you object, you may terminate your account before the effective date.

Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of South Africa. The parties submit to the non-exclusive jurisdiction of the South Gauteng High Court (Johannesburg), or the Magistrate's Court for the District of ACTION REQUIRED: insert the magisterial district corresponding to ANIMEX's registered office once inserted where the matter falls within that court's jurisdiction. ANIMEX may seek urgent or interim relief in any competent court.

INTERNAL NOTE: ACTION REQUIRED: insert the magisterial district corresponding to ANIMEX's registered office once inserted: Insert the magisterial district corresponding to ANIMEX's principal place of business.

Contact Details

Legal notices: info@animexofficial.co.za

Support: info@animexofficial.co.za

Privacy / POPIA: info@animexofficial.co.za

Company: ANIMEX (Pty) Ltd

Address: 37 8th Avenue, Houghton, Gauteng, 2198, South Africa