Terms and Conditions

Effective date: 15 May 2026  |  Applies to: freemarkit.co.za

Please read these Terms and Conditions carefully before using Free Markit. By registering as a member, accessing the Platform, or making use of any service offered through Free Markit, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.

1. Acceptance of Terms

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you and the persons responsible for operating and maintaining the Free Markit platform at freemarkit.co.za (referred to in these Terms as “Free Markit”, “we”, “us”, “our”). They must be read together with our Privacy Policy and any additional guidelines applicable to specific Platform features.

These Terms are governed by the laws of the Republic of South Africa, including the Consumer Protection Act 68 of 2008 (“CPA”), the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”), and the Protection of Personal Information Act 4 of 2013 (“POPIA”).

2. Definitions

In these Terms, the following words carry the meanings set out below.

3. Eligibility

You must be at least 18 years of age to register as a member and use the Platform. By registering, you confirm that you are 18 or older and legally capable of entering into binding agreements.

You further confirm that:

• all information you provide is accurate, complete, and current;
• you are not a person who has been suspended or permanently banned from the Platform;
• your participation does not violate any applicable law or regulation.

Free Markit reserves the right to refuse registration to, or terminate the account of, any person at its sole discretion.

4. Account Registration and Security

Each member may maintain only one active account. Creating duplicate accounts is prohibited.

You are responsible for maintaining the confidentiality of your login credentials and agree to notify us immediately of any unauthorised use of your account. Free Markit is not liable for any loss arising from your failure to protect your credentials.

You may not transfer, sell, or assign your account or any rights attached to it to another person.

5. How the Platform Works

Offers. members may post Offers for items they wish to make available. Each Offer must accurately describe the item, including its condition, and any relevant limitations.

Request. members may place a Request on an available Offer. A Request is an expression of intent, not a binding commitment to acquire, until both members have agreed to proceed and the Offer has been awarded.

Marks. Marks are Platform credits used to facilitate exchanges. Marks have no monetary value, are not redeemable for cash, and may not be transferred, sold, or traded outside the Platform. Free Markit reserves the right to modify the Mark system — including earning, spending, and redemption rules — at any time.

Award and Exchange. When a member’s Request is accepted by the Offer holder, the item is considered awarded. The parties are responsible for arranging the physical or electronic transfer of the item or service safely and in accordance with these Terms.

Free Markit facilitates connections between members but is not a party to any Exchange. Free Markit does not take possession of, and makes no warranties regarding, any item or service listed on the Platform.

6. member Obligations

You must ensure that all content you post — including Offer descriptions, images, and communications — is:

• accurate, honest, and not misleading;
• free from any infringement of third-party intellectual property rights;
• free from offensive, defamatory, or inappropriate material;
• compliant with all applicable laws and these Terms.

You must honour Requests that have been accepted and Offers that have been awarded. Persistent non-performance may result in account suspension.

You must treat other members with respect. Harassment, intimidation, threats, or discriminatory conduct will not be tolerated and may result in immediate account termination.

You may not use the Platform for any commercial purpose not expressly permitted by Free Markit. Bulk listing of items for commercial gain, spamming, and misuse of the Request system are prohibited.

7. Restricted Goods and Services

The following categories of goods and services are strictly prohibited on the Platform. Offering, requesting, or attempting to exchange any item or service in these categories may result in immediate account termination and referral to the relevant authorities.

1. Drugs and Pharmaceuticals
   Any substance classified as a controlled substance, illegal drug, or unregistered medicine under South African law, including prescription medication offered without a valid prescription.
2. Weapons, Ammunition, and Explosives
   Firearms, air guns, blades regulated under the Dangerous Weapons Act, ammunition, explosive devices, incendiary materials, or components thereof. Legally held firearms may not be listed without Free Markit’s prior written consent.
3. Tobacco and Related Products
   Cigarettes, cigars, pipe tobacco, vaping products, e-cigarettes, or any nicotine delivery product regulated under the Tobacco Products and Electronic Delivery Systems Control Act.
4. Alcohol
   Any alcoholic beverage, home-brewed or commercially produced, or any product regulated under the Liquor Act, unless the member holds a valid licence and prior written approval has been obtained from Free Markit.
5. Health and Wellness Products
   Any product making unverified therapeutic, curative, or health claims; unregistered health supplements; medical devices not approved for sale; or products regulated by the South African Health Products Regulatory Authority (SAHPRA).
6. Online Gambling and Games of Chance
   Gambling credits, casino chips, betting accounts, lottery tickets, or any gambling-related product or service regulated under the National Gambling Act.
7. Endangered and Protected Species
   Any live animal, plant, or product derived therefrom that is protected under the National Environmental Management: Biodiversity Act (NEMBA), CITES, or applicable provincial conservation legislation. This includes ivory, rhino horn, abalone, cycads, and any permit-regulated product.
8. Historical Artefacts and Cultural Property
   Artefacts, fossils, cultural objects, heritage items, or any item regulated under the South African Heritage Resources Act or the National Heritage Resources Act.
9. Hazardous Goods and Materials
   Flammable liquids, corrosives, toxic chemicals, radioactive materials, asbestos, biological hazards, or any substance classified as hazardous under the Occupational Health and Safety Act or applicable regulations.
10. Human Body Parts and Biological Material
    Organs, tissue, blood, biological samples, or any human body part or fluid, whether obtained legally or otherwise.

Free Markit reserves the right to expand this list at any time by publishing an updated version of these Terms. It is your responsibility to check for updates.

The presence of a restricted item on the Platform, even briefly before moderation, does not constitute approval or endorsement by Free Markit.

8. Moderation and Enforcement

Free Markit and its Conveners reserve the right to review, edit, withhold, or remove any Offer, Request, image, or message that, in Free Markit’s reasonable judgement, violates these Terms, is potentially harmful, or is otherwise inappropriate.

Free Markit may, without notice, suspend or terminate the account of any member who violates these Terms or engages in conduct that is harmful to the Platform, other members, or third parties.

Moderation decisions are made at Free Markit’s sole discretion. While Free Markit endeavours to act fairly and consistently, it is not obligated to provide reasons for moderation decisions.

Free Markit accepts no liability for any loss or damage arising from a failure to detect or remove prohibited content.

9. Safety Guidelines

We strongly encourage all members to follow these guidelines when arranging in-person Exchanges.

1. Meet in safe, public locations. Choose well-lit public places with CCTV coverage where possible. Police stations, shopping centres, and petrol station forecourts are recommended.
2. Bring a companion. Where possible, do not meet another member alone, particularly for high-value or bulky items.
3. Do not share financial information. The Platform does not require members to share banking details, identity documents, or payment card information with one another. Any such request should be reported to us immediately.
4. Inspect items before confirming an Exchange. Examine any item carefully before confirming receipt. Free Markit does not mediate disputes arising from undisclosed defects once an Exchange has been confirmed as complete.
5. Children’s items require additional care. Items intended for use by children — including toys, clothing, car seats, and furniture — must comply with applicable safety standards. The member posting the Offer is responsible for ensuring the item is safe for its intended use.
6. Protect your home address. Do not disclose your home address to a member you do not know or trust. Use a neutral meeting point wherever possible.
7. Report suspicious behaviour. If a member behaves suspiciously, attempts to circumvent the Platform, or makes you feel unsafe, report this using the Platform’s reporting tools or by contacting us directly.

These guidelines are provided as general guidance only. Members remain solely responsible for their own safety and the safety of any items they post or collect.

10. Intellectual Property

The Platform, including its design, software, trademarks, trade names, and content produced by Free Markit, is the exclusive property of Free Markit and is protected by applicable intellectual property laws.

When you post content on the Platform — including Offer descriptions, images, and messages — you grant Free Markit a non-exclusive, royalty-free, worldwide licence to use, reproduce, display, and distribute that content for the purpose of operating and promoting the Platform.

You confirm that you own or have the right to use all content you post, and that your content does not infringe any third party’s rights.

You may not reproduce, copy, distribute, or commercially exploit any part of the Platform without Free Markit’s prior written consent.

11. Privacy and Personal Information

Free Markit collects and processes personal information in accordance with POPIA and our Privacy Policy, which forms part of these Terms. By registering, you consent to the collection and use of your personal information as described in the Privacy Policy.

You are responsible for protecting any personal information about other members that you access through the Platform. You may not use such information for any purpose other than completing an Exchange.

We will not sell your personal information to third parties. Anonymous aggregated data may be used for analytics and platform improvement.

12. Disclaimer of Warranties

The Platform is provided on an “as is” and “as available” basis. We make no warranties, express or implied, regarding:

• the accuracy, completeness, or reliability of any Offer or listing;
• the quality, safety, legality, or fitness for purpose of any item or service listed;
• uninterrupted or error-free access to the Platform;
• the conduct or trustworthiness of any member.

Free Markit is not a party to any Exchange and does not guarantee that Exchanges will be completed or that items will be as described. Nothing in these Terms excludes liability that cannot lawfully be excluded under the CPA or any other applicable law.

13. Limitation of Liability

To the fullest extent permitted by law, Free Markit, its Conveners, hosts, and representatives shall not be liable for:

• any loss or damage arising from a Transaction between members, including loss arising from fraudulent misrepresentation, delivery failure, or item defects;
• any personal injury, property damage, or other harm arising from an in-person Exchange;
• any indirect, incidental, special, or consequential loss or damage;
• any loss arising from Free Markit’s exercise of its moderation rights;
• any interruption, suspension, or termination of Platform services;
• any loss arising from a third party’s access to your account due to your failure to protect your credentials.

Members deal with each other at their own risk. We strongly recommend that all members exercise their own due diligence before completing any Exchange.

Where liability cannot be excluded under the CPA, it is limited to the maximum amount permitted by applicable law.

14. Indemnity

You indemnify and hold harmless Free Markit, its Conveners, hosts, and representatives from and against any claim, damage, loss, cost, or expense (including legal costs on an attorney-and-client scale) arising from:

• your use of the Platform;
• your breach of these Terms;
• any content you post;
• any Exchange you participate in; or
• any third party’s claim arising from your conduct on the Platform.

15. Dispute Resolution

Disputes between members regarding an Exchange are the sole responsibility of the members involved. Free Markit is not obligated to intervene, mediate, or resolve such disputes.

Free Markit may, at its sole discretion, take steps it considers reasonable to assist in resolving a dispute, including temporarily suspending accounts pending investigation. Such steps do not constitute an admission of liability by Free Markit.

In the event of a dispute between you and Free Markit, both parties agree to first attempt resolution through good-faith negotiation. If the dispute is not resolved within 30 days of written notice, either party may refer the matter to binding arbitration in accordance with the Arbitration Act 42 of 1965 (as amended), or to the relevant consumer tribunal under the CPA where applicable.

16. Platform Changes and Availability

Free Markit reserves the right to modify, suspend, or discontinue the Platform or any feature thereof at any time, with or without notice.

Free Markit may introduce new features, capabilities, or service tiers at any time. Such additions may be subject to additional terms of use, which will be communicated to members before they take effect.

Free Markit is not liable for any loss arising from changes to, or the unavailability of, the Platform.

17. Amendments to These Terms

Free Markit may update these Terms at any time. Updated Terms will be published on the Platform with a revised effective date. Your continued use of the Platform after an update constitutes acceptance of the amended Terms. If you do not agree to amended Terms, you must cease using the Platform and may deactivate your account.

Material changes will be notified to members via the Platform’s notification system or by email where practicable.

18. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. You consent to the jurisdiction of the Magistrate’s Court or High Court of South Africa (as appropriate to the quantum of any claim) for the resolution of disputes not resolved through arbitration.

19. General

• Entire agreement. These Terms, together with the Privacy Policy and any additional platform guidelines, constitute the entire agreement between you and Free Markit regarding your use of the Platform.
• Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force and effect.
• No waiver. Free Markit’s failure to enforce any right under these Terms does not constitute a waiver of that right.
• Assignment. Free Markit may assign its rights and obligations under these Terms to any successor operators. You may not assign your rights without our prior written consent.
• Language. These Terms are written in English. In the event of any conflict arising from a translation, the English version prevails.

20. Contact Us

For queries, complaints, or reports regarding these Terms or the Platform:

Free Markit
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Website: freemarkit.co.za