Terms and Conditions

**TOSHZA (Pty) Ltd** · Registration 2025/929932/07

Website: https://toshza.co.za

Version 1.0 · Effective 17 July 2026 · Last updated 17 July 2026

These Terms and Conditions govern your access to and use of the TOSHZA multi-vendor marketplace operated by TOSHZA (Pty) Ltd (Registration 2025/929932/07), including browsing, purchasing, selling, delivering, and administering services via https://toshza.co.za. By creating an account, placing an order, listing products, accepting delivery assignments, or otherwise using the platform, you agree to these terms and the related policies published by TOSHZA.

1. Parties, acceptance, and electronic agreement (ECTA)

These Terms and Conditions (“Terms”) are a binding agreement between you and TOSHZA (Pty) Ltd (“TOSHZA”, “we”, “us”, or “our”), Registration 2025/929932/07, Florida Hills, Roodepoort, Gauteng, South Africa. Website: https://toshza.co.za. Support: support@toshza.co.za. Commercial enquiries: info@toshza.co.za.

By registering, logging in (including via email OTP), clicking to accept, placing an order, accessing a supplier portal, or continuing to use the platform after notice of these Terms, you confirm that you have read, understood, and agree to be bound by them.

In accordance with the Electronic Communications and Transactions Act 25 of 2002 (ECTA), these Terms, orders, notices, and related communications may be concluded, stored, and provided in electronic form. An electronic acceptance, OTP confirmation, checkbox acceptance, or continued use may constitute acceptance of contractual terms where legally recognised.

If you do not agree, you must not use the platform.

2. Nature of the marketplace and platform limitations

TOSHZA operates a multi-vendor marketplace that facilitates transactions between customers and independent suppliers, and may arrange or coordinate delivery through drivers or third-party logistics partners (including options such as PAXI pickup, supplier collection with OTP, or other methods made available on the platform).

Unless TOSHZA expressly states otherwise for a specific listing or promotional programme, TOSHZA is an intermediary platform and is not the seller of all goods offered on the marketplace. The selling supplier is generally responsible for product quality, lawful listing content, stock accuracy, packaging, and primary fulfilment obligations.

TOSHZA provides technology, payment facilitation via PayFast (or other providers), order routing, notification services, admin oversight, and related marketplace tools. TOSHZA does not manufacture most products sold by third-party suppliers and does not guarantee uninterrupted availability of the website, portals, maps, messaging, or logistics partners.

Nothing in these Terms excludes rights that cannot lawfully be excluded under the Consumer Protection Act 68 of 2008 (CPA) or other mandatory South African law.

3. Eligibility and accounts

You must be at least 18 years old and have legal capacity to enter into contracts under South African law to create an account or place orders. Businesses must ensure that the person registering is duly authorised.

Customer accounts generally use email OTP login. Supplier and driver accounts generally use password-protected portals. Admin accounts are restricted to authorised TOSHZA personnel.

You must provide accurate, complete, and current information and keep it updated. You are responsible for safeguarding access to your email inbox (for OTPs), portal passwords, devices, and verification codes.

Do not share OTP codes, QR delivery codes, or portal passwords with unauthorised persons
Notify support@toshza.co.za immediately of suspected unauthorised access
TOSHZA may require re-verification, suspend access, or reset credentials where security risk is reasonably suspected

One natural person or legal entity should not create multiple accounts to evade suspensions, abuse promotions, or manipulate ratings without our prior written consent.

4. Customer use of the marketplace

Customers may browse listings, place orders, pay through supported payment methods, track fulfilment where available, and receive goods via delivery or collection options offered at checkout.

Customers must:

Provide accurate delivery or collection details and remain reasonably contactable for fulfilment
Complete OTP, QR, or other verification steps required to confirm handover or collection
Inspect goods on receipt where reasonably practicable and report defects, shortages, or wrong items promptly through support channels
Use the platform lawfully and not engage in fraudulent chargebacks, payment abuse, harassment, or misuse of refund processes

Prices, stock, and delivery estimates displayed on the platform are based on supplier and logistics data and may change. An order is not confirmed until payment is successfully authorised or completed and TOSHZA or the relevant supplier confirms the order according to platform workflows.

5. Orders, product listings, and information accuracy

Product listings are created by suppliers (unless expressly listed by TOSHZA). Suppliers must ensure that titles, descriptions, images, pricing, allergens or safety notices where relevant, and stock levels are accurate and not misleading.

TOSHZA may review, approve, reject, edit for clarity/compliance, hide, or remove listings that appear inaccurate, unsafe, illegal, infringing, or otherwise non-compliant. Listing visibility does not mean TOSHZA endorses a product or warrants its quality.

Customers acknowledge that images are illustrative, colours may vary by device display, and specifications are those provided by the supplier. If a material discrepancy arises, contact support@toshza.co.za so that TOSHZA operations can assess the issue under our refund and dispute processes.

We may cancel or refuse orders that appear fraudulent, inventory-unavailable, priced in clear error, prohibited, or otherwise inconsistent with these Terms or applicable law.

6. Payments

Payments are processed by PayFast and/or other licensed payment providers. TOSHZA does not store full card numbers on its servers. Payment methods available at checkout depend on provider support and may include cards, Instant EFT, and other wallets or rails enabled by the provider.

By submitting payment, you authorise the charge for the order total, including product price, applicable delivery or service fees, and taxes displayed at checkout where applicable.

Payment confirmation depends on the provider’s authorisation. Failed, reversed, or disputed payments may result in order cancellation or suspension of fulfilment.

Invoices, receipts, or payment confirmations may be issued electronically. Keep your email address current to receive transactional notices.

7. OTP and verification requirements

TOSHZA uses one-time passcodes and related verification controls to protect accounts and confirm fulfilment events.

Customers typically receive email OTPs to authenticate login sessions
Delivery or collection may require OTP entry, QR scanning, or similar confirmation before an order is marked complete
Supplier collection workflows may require OTP confirmation to evidence handover
Drivers and suppliers must not request or accept OTP disclosure in a way that bypasses platform controls or enables false completion

You must not share OTPs with anyone other than as required to complete a legitimate platform action. TOSHZA is not responsible for loss arising from OTP compromise caused by your failure to protect email or device access, except where mandatory law provides otherwise.

8. Deliveries, customer collection, and logistics partners

Fulfilment methods may include driver delivery, PAXI shipping, supplier collection with OTP, or other options shown for a given order. Availability varies by product, supplier location, and logistics capacity.

Estimated delivery or collection times are indicative, not guarantees. Delays may arise from traffic, weather, supplier preparation time, courier capacity, incorrect addresses, customer unavailability, or force majeure events.

Customers choosing collection must collect within the stated window and bring any required verification. Uncollected parcels may be returned, cancelled, or handled under supplier and logistics rules, which may affect refund eligibility.

Drivers and logistics partners must handle parcels with reasonable care. Customers must provide safe, accurate drop-off information and be available to receive goods or authorise an alternative handover where offered.

Proof of delivery or collection via OTP/QR or partner confirmation is evidence that goods were handed over according to platform records, subject to investigation of credible contrary evidence in a dispute.

9. Tracking, maps, and notifications

Where enabled, customers may view order status updates and limited tracking information. Drivers may transmit location pings during active deliveries. Address and pickup search may use Google Maps Places.

TOSHZA may send transactional notifications by email (including via Resend), SMS (including via Twilio), optional WhatsApp messaging where enabled, and in-app notifications.

Tracking displays and ETAs are operational estimates. Temporary gaps in location pings, map data, or messaging delivery can occur. You remain responsible for monitoring order status and remaining contactable on the details provided.

10. Refunds, returns, and dispute handling

Refund and return requests are assessed by TOSHZA operations with reference to order evidence, supplier input, delivery/collection records, product condition, and applicable consumer law. Approved refunds are processed via the original payment method where the payment provider and banking systems allow.

TOSHZA does not represent that every refund is executed through a fully automated PayFast API in all cases. Some refunds require manual operational processing with the provider.

You must report damaged, incorrect, missing, or undelivered goods promptly and provide reasonably requested information (such as photos or order references). Frivolous or abusive claims may be declined and may lead to account action.

Marketplace disputes between customers and suppliers should first be raised through TOSHZA support. TOSHZA may mediate operationally, request evidence, pause payouts, or reverse funds according to platform rules, without becoming a court of law or guaranteeing a particular outcome beyond what the CPA and these Terms require.

11. Suppliers, drivers, and commercial side agreements

Suppliers who sell on TOSHZA must also comply with the Supplier Agreement and onboarding requirements, including document verification (such as CIPC, tax clearance, bank letter, SA ID, and proof of business address), product standards, and payout rules.

Default platform commission is typically 10% unless otherwise agreed in writing. Supplier payouts are ordinarily subject to an approximately seven (7) day hold, subject to disputes, chargebacks, fraud review, and compliance checks.

Drivers must complete verification (including selfie, ID, licence, and vehicle documents as required), follow assignment workflows, protect customer privacy, and complete delivery OTP/QR steps honestly.

Detailed commercial terms for suppliers are set out in the Supplier Agreement. If there is a conflict on a supplier-commercial topic, the Supplier Agreement generally prevails for that topic; these Terms prevail for general platform use.

12. Acceptable conduct and prohibited activities

You must not:

Use the platform for illegal products, money laundering, fraud, or deceptive practices
Upload malware, scrape data without authorisation, or interfere with platform security or availability
Harass, threaten, or abuse other users, drivers, suppliers, or TOSHZA staff
Manipulate ratings, reviews, or search visibility through fake accounts or collusion
Circumvent commissions, OTP controls, payout holds, or suspension measures
Misrepresent identity, business credentials, stock, or delivery completion

TOSHZA may investigate suspected breaches using order logs, payment metadata, verification records, location events, and communications metadata as reasonably necessary.

13. Intellectual property

The TOSHZA name, logos, website design, software, documentation, and original content are owned by or licensed to TOSHZA and are protected by intellectual property laws. You may not copy, reverse engineer, frame, or commercially exploit platform materials except as expressly permitted.

Suppliers retain ownership of their product content but grant TOSHZA a non-exclusive, worldwide, royalty-free licence to host, display, reproduce, and promote listings on and in connection with the marketplace.

You must not upload content that infringes third-party IP rights. TOSHZA may remove allegedly infringing content and suspend repeat infringers.

14. Suspension, restriction, and termination

TOSHZA may suspend, restrict, or terminate access to accounts, listings, payouts, or delivery assignments where we reasonably believe there is fraud, legal risk, safety risk, material breach of these Terms or related policies, chargeback abuse, failed verification, or prolonged inactivity.

We may also suspend features for maintenance, security incidents, or provider outages.

You may stop using the platform at any time. Account closure requests can be sent to support@toshza.co.za. Closure does not extinguish obligations arising from prior orders, payouts, refunds, or breaches. Certain records are retained as described in the Privacy Policy.

Where practicable, we may notify you of suspension and allow a support review request. Emergency suspensions for fraud or safety may occur without prior notice.

15. Liability and disclaimers

The platform is provided on an “as available” basis. To the maximum extent permitted by South African law, TOSHZA disclaims warranties not expressly given, including uninterrupted service or error-free operation of third-party payment, maps, messaging, or logistics services.

Subject to mandatory CPA and other non-excludable rights:

Product quality and conformity obligations primarily rest with the selling supplier for third-party listings
TOSHZA is not liable for indirect, incidental, special, or consequential loss, loss of profits, or loss of data arising from marketplace use
TOSHZA’s aggregate liability arising from any order or claim relating to platform services is limited to the greater of the amounts you paid to TOSHZA in fees for the relevant transaction (excluding product pass-through amounts where TOSHZA is not the seller) or a reasonable amount determined under applicable law

Nothing excludes liability for gross negligence, fraud, or other liability that cannot lawfully be excluded.

16. Indemnity

You agree to indemnify and hold harmless TOSHZA and its directors, employees, and agents from claims, losses, and expenses (including reasonable legal costs) arising out of your breach of these Terms, your misuse of the platform, your infringement of third-party rights, or your unlawful product listings or fulfilment conduct, except to the extent caused by TOSHZA’s gross negligence or wilful misconduct.

17. Privacy and personal information

Personal information is processed as described in the TOSHZA Privacy Policy, including customer, supplier, driver, and admin data; PayFast payment metadata; delivery OTP/QR records; Google Maps Places inputs; email/SMS/WhatsApp and in-app notifications; and location pings during deliveries.

By using the platform, you acknowledge that processing necessary for authentication, orders, payments, fulfilment, and support will occur. Marketing preferences may be managed as described in the Privacy Policy.

18. Changes to these Terms

TOSHZA may amend these Terms from time to time. Updated Terms will be published on https://toshza.co.za with a revised effective or last-updated date.

Material changes may also be notified by email or in-app notice where reasonably practicable. Continued use after the effective date of updated Terms constitutes acceptance, except where mandatory law requires a different acceptance method for a specific change.

If you do not agree to updated Terms, you must stop using the platform and contact support regarding account closure and outstanding orders.

19. Governing law and dispute resolution

These Terms are governed by the laws of the Republic of South Africa. Subject to consumer rights and any non-excludable jurisdiction rules, courts of South Africa have jurisdiction over disputes arising from these Terms or the platform.

Before formal proceedings, you agree to contact support@toshza.co.za and attempt in good faith to resolve the dispute. This does not prevent either party from seeking urgent interim relief.

If any provision of these Terms is held unenforceable, the remaining provisions continue in force. Failure to enforce a provision is not a waiver.

20. General provisions and contact

These Terms, together with the Privacy Policy, Supplier Agreement (for suppliers), and other policies expressly incorporated by reference, constitute the agreement between you and TOSHZA regarding platform use, subject to any separate written commercial addendum signed by TOSHZA.

Notices to TOSHZA may be sent to support@toshza.co.za, privacy@toshza.co.za (privacy matters), or info@toshza.co.za (commercial matters). Notices to you may be sent to the email or phone number associated with your account, or published on the website.

Company: TOSHZA (Pty) Ltd · Reg. 2025/929932/07 · Florida Hills, Roodepoort, Gauteng, South Africa · https://toshza.co.za

Contact: support@toshza.co.za · Privacy: privacy@toshza.co.za