(“MEDBUY”)

Last Updated: 26 May 2025

Welcome to MedBuy Platform (“Platform”), operated by MedBuy (“we,” “us,” or “our”). By accessing or using the Platform, you agree to comply with these Terms and Conditions (“Terms”). If you do not agree, do not use the Platform. By registering as a seller or a buyer you will accept and be bound by the applicable terms. These Terms cover use of www.medbuy.co.za ) (”the Website”) and your transactions on the Platform i.e. buying, selling, deliveries, transacting, browsing, registration and usage of the platform.

1. Introduction

1.1 Platform Services: The Platform facilitates the sale and purchase of medical devices, products and supplies (“Products”) between third-party sellers (“Sellers”) and buyers (“Buyers”) (collectively, “Users”). You will be able to search for and place an order for Products through the Platform.
1.2 Binding Agreement: These Terms govern your use of the Platform, including registration, transactions, and interactions. By registering, you agree to be bound by these Terms, our Privacy Policy, and applicable laws.

1.3 Parties to a sale: MedBuy only provides the Platform which facilitates transactions between the Seller and the Buyer and are not party to the purchase or sale of any Products. We are not, among other things, resellers, retailers or wholesalers. The Seller is responsible for fulfilling the order, arranging the delivery and providing an invoice if required.

1.3 Important to note: Some Users will be consumers for the purposes of the Consumer Protection Act 68 of 2008 (the “CPA”) i.e. if you’re interacting as an individual or through a legal entity where the legal entity has a with turnover or assets below R2 million. We are obliged to bring certain clauses which include the limitation of a liability or risk, where you provide an indemnity to us or a third party, or where you acknowledge a fact to your attention. We will do so by making those clauses bold and italic. None of these Terms are intended to deprive or limit a consumer of any of their rights in terms of the CPA in an unlawful manner. You should be aware that some of your rights in the CPA will be exercisable directly against the Seller.

 

2. Registration and Account Security

1. Eligibility:

   1. To disassemble, reverse engineer, scrape, monitor or copy for unauthorised purposes, decompile or modify the Platform;

   2. Access the Platform  for the purpose of developing a product or service that competes with MedBuy or any of its products or services;

   3. Use the Platform to create, use, send, store or run viruses or other harmful computer code, files, scripts, agents or other programs or engage in any other malicious act.

   4. Disrupt the Platforms security, integrity or operation.

   5. Take any action that violates any applicable local or international law or regulation, or advocates, promotes or assists in any unlawful act, constitutes an illegal threat or violates export control laws.

   6. Do anything that temporarily or permanently alters, erases, removes, copies, modifies, halts or disables any Medbuy or third party data, Platform or network.

   7. That violates the rights of any person or entity that may give rise to civil or criminal liability under applicable laws or regulations applicable to you, another user, and/or MedBuy including violation of privacy or publicity rights, infringement of any copyright, patent, trademark, trade secret or other intellectual property right, or conflicts with these Terms or the Privacy Policy.

   8. To transmit or introduce offensive materials including through comments or reviews, including those involving profanity, violence, sexual conduct, pornography or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

3. Product Listings and Sales

1. Buyer Responsibilities:

1. Buyers confirm they are legally authorised and/or licensed to purchase restricted Products (e.g., with valid prescriptions) and shall comply with Medicines and Related Substances Act, 101 of 1965 as amended (“MRSA”),  and the South African Health Products Regulatory Authority (“SAHPRA”) regulations and other applicable laws.

4. Orders, Pricing, and Payment

4.1 Order Acceptance: Users may place orders with Sellers which the Seller may choose to accept or reject. The Sellers acceptance of the sale is subject to availability of stock, the correctness of details of the Products, any license or authorisation required, and receipt of payment or payment authorisation for the Product. 

4.2 Even though you may receive an acknowledgement of your order from the Platform and/or the Seller a sale is only concluded and binding when the Product is delivered or collected. If your order is cancelled before delivery or collection by the Seller we or they will communicate such cancellation and we will refund you as soon as possible.

4.3 You may cancel an order at any time before delivery or collection prior to receiving a notification that the Product has been dispatched or is ready for collection. If the Product is ready for collection or has been delivered any return will be subject to our [returns policy].

4.4 Adding Products to your wishlist or shopping cart does not constitute a formal order. We reserve the right to remove items from your cart without prior notice if stock is depleted or prices change. Neither MedBuy nor the Sellers are liable for the availability of Products or price adjustments at the time of checkout, even if you attempt to complete the purchase at a later.

4.5 We try our best to monitor stock levels with the Sellers based on the information they supply us. Products are limited and subject to changes in pricing without notice. We can’t guarantee that stock may be available even if an order has been confirmed. If there is no stock available we will inform you and promptly arrange a refund in terms of our [refund policy]. If you have a dispute regarding the order as a result of insufficient stock levels your dispute must be resolved with the Seller and we will not participate nor bear any liability as a result.
4.6 Pricing Errors: We reserve the right to cancel orders with pricing inaccuracies and refund payments.

4.7 Payment Methods: We take secure payments through our third party payment portal Peach Payments and process credit/debit card payments, EFT, Applepay, Googlepay, Pay later options or coupons. Fraud checks may delay order processing.

4.7.1 Where you pay by electronic funds transfer or direct deposit you undertake to make payment within five days of the order being placed. We will not accept your order if payment is not received in that time frame.

4.7.2 You agree to take care when providing us with your details and warrant that these details are accurate and complete at the time of ordering online. Where you pay using a credit or debit card you warrant that you are duly authorised to use such card and that it has sufficient balance to pay for the Products and any additional costs. We may require additional information from you to verify your identity and authority.

4.7.3 We will take all reasonable care to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.  Information shared on the internet cannot be guaranteed to be completely secure although we appropriate technical and organizational measures to protect personal data.

4.7.3 Value-Added Tax (”VAT”): Only persons registered for VAT may charge VAT.

4.7.3 For more information about your order you may email us on sales@medbuy.co.za

5. Delivery and Risk of Loss

1. Delivery Options:

1. We offer either delivery by courier or self-collection. Our delivery timelines comply with the CPA (max 30 days). 

2. Our delivery fees are specified on check out and are subject to change without notice;

3. Risk Transfer: Risk in and responsibility for Products transfers to the buyer upon delivery to the nominated address.

4. We exhaust our obligation to deliver the Products to you once we have delivered to the physical address nominated by you in the order. We are not liable for any harm, loss or misuse of the Products are delivery to your nominated physical address.

6. Errors

1. We strive to ensure that product descriptions, availability, prices, and delivery charges on our Platform are accurate. However, we will not be held responsible for any loss, claims, or expenses arising from errors on the website, unless such errors result from our gross negligence. In cases where an incorrect price is displayed, our liability will be limited to refunding any amounts already paid by you, as outlined in our Returns Policy.

2. We will not be accountable for any incorrect information or prices displayed on third party sights that relate to MedBuy listed Products.

3. We are not the Sellers so we do not warrant the suitability for any specific purpose of the Products. You must conduct your own investigations and tests as to the suitability and application of the goods for any particular purpose. To the extent that you have claims for defective or unsafe goods in terms of the Consumer Protection Act these must be exercised against the Seller. 

7.  Returns and Refunds

   1. Returns accepted only for unopened, undamaged Products in original packaging.

   2. Non-Returnable Items: Hygiene-sensitive or custom-made Products (e.g., implants) are final sale unless defective.

   3.  Refunds: Processed per our [Returns Policy] ADD LINK TO RETURNS POLICY and the CPA.

1. Policy:

8.  Third-Party Sellers

1. Role of the Platform: We act as an intermediary. Disputes (e.g., defective Products) must be resolved directly between Buyer and Seller. We may facilitate returns so that you have a seamless experience.

2. Seller Compliance: Sellers are solely responsible for VAT invoicing, recalls, and regulatory adherence.

9. Privacy and Data Protection

1. POPIA Compliance: Personal and health data are processed per our Privacy Policy.

10. Disclaimers and Liability

    1. No Warranty: The Platform does not guarantee Product efficacy, safety, or regulatory compliance.

    2. Indemnification: You agree to indemnity us against any claim, including third party claims, in any manner arising out of the Products.

1. Product Liability:

2. Platform Use: 

The Platform is provided “as is.” We disclaim liability for:

1. viruses, errors, or downtime, except due to gross negligence. 

2.  We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.  Medbuy is not responsible for any inaccuracies in product information or pricing displayed on our website, except where such errors result from our gross negligence or intentional misconduct. We encourage you to report any discrepancies or technical issues through our Help Centre or email customersupport@medbuy.co.za insert email link

3. We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

4. Under no circumstances will MedBuy be liable for:

1. Direct, indirect, incidental, or consequential losses or damages arising from your use of, reliance on, or inability to access the Platform;

2. Losses linked to unlawful activities on the Platform; or

3. Issues related to third-party websites linked to or referenced on our platform.

4. Any loss or harm relating to the Products.

11. Termination

1. Breach: We may suspend accounts for non-compliance, fraud, breach of these terms or creating multiple profiles to exploit promotions. We are not required to give you notice before suspending your account.

12. Governing Law and Disputes

1. Regardless of the place of execution or performance under these terms and conditions or domicile of the Customer, these terms and conditions and all modifications and amendments. Hereof, shall be governed by and decided upon and constructed under and in accordance with the laws of the Republic of South Africa.

2. The Customer hereby submits to the jurisdiction of Magistrates Court, notwithstanding that the amount of the claim may exceed the jurisdiction of the Magistrates Court. The Johannesburg Central Magistrates Court shall have jurisdiction.

3. All legal costs, including attorney/client costs, tracing agent's fees and collection charges which may incur in taking any steps pursuant to any breach by the or enforcement of these terms and conditions.

4. CPA Rights: Nothing in these Terms limits your rights under the Consumer Protection Act.

13. Amendments and Notices

    1. Our address: 100 Algernon Rd, Norwood Johannesburg 2192.

    2. User notices: The Customer's physical address, as provided online for e-commerce purchases or as provided in the customer onboarding process, shall be recognised as the Customer's address for receipt of notices and execution of legal documents for all purposes in terms of this agreement whether in respect of the serving of any court process, notices, the payment of any amount or communications of whatever nature.

1. Updates: Terms may be revised periodically. Your continued use constitutes acceptance of the Terms as amended.

2. No amendment and/or alteration and/or variation and/or deletion and/or addition and/or cancellation of these Terms, shall be of any force or effect unless reduced to writing and signed by, the Customer, and a duly authorised director of MedBuy. No agreement purporting to obligate us to sign a written agreement to amend, alter, vary, delete, add or cancel these terms and conditions, shall be of any force or effect, unless reduce to writing and signed by the Customer, and a duly authorised director of Hush Echo.  The application of the Electronic Communications And Transactions Act 25 OF 2002 (“ECTA”) is hereby excluded for amendment, alteration, variation, deletion, addition or cancellation purposes of these terms and conditions.

3. Legal Notices:

14. Complaints

1. Resolution: Contact Client’s Help Centre. Unresolved issues may escalate to the CGSO (www.cgso.org.za).

15. Annexures:

1. Returns Policy

2. Privacy Policy

16. Contact Us:

1. For questions, contact customersupport@medbuy.co.za or visit Help Centre.

© 2025 MedBuy (Pty) Ltd. All rights reserved.