Legal

Acceptable Use Policy

Last updated: June 2026

This Acceptable Use Policy (“AUP”) sets out what you may and may not do on the SwagMzansi marketplace platform. It forms part of and must be read together with our Terms and Conditions. By using SwagMzansi, you agree to comply with this AUP.

1. Purpose

SwagMzansi is a fashion marketplace designed to connect South African buyers and sellers of genuine clothing, footwear, accessories, and fashion-related items. This AUP exists to ensure a safe, trustworthy, and legal environment for all participants.

2. Prohibited Items

The following items may not be listed, sold, or offered for sale on SwagMzansi under any circumstances:

  • Counterfeit, replica, or fake branded goods of any kind
  • Stolen goods or items suspected to have been obtained through theft or fraud
  • Weapons, including firearms, ammunition, knives intended for harm, or components thereof
  • Hazardous materials, including flammable, explosive, corrosive, or toxic substances
  • Illegal drugs, controlled substances, drug paraphernalia, or substances intended to mimic illegal drugs
  • Prescription medications without valid documentation
  • Adult content, sexually explicit material, or items marketed for sexual use
  • Items subject to import or export restrictions under South African law
  • Tobacco products, vaping devices, or related paraphernalia
  • Alcohol (not a fashion marketplace)
  • Endangered or protected species, or products derived therefrom
  • Currency, bonds, financial instruments, or gift cards
  • Personal data, databases, or identity documents
  • Pirated software, illegally obtained digital content, or hacking tools
  • Any item whose sale is prohibited by South African law or regulation

This list is not exhaustive. We reserve the right to remove any listing we deem to be inappropriate, illegal, or inconsistent with our platform values. Prohibited items will be removed without notice.

3. Authenticity Requirements

All branded items listed on SwagMzansi must be genuine and authentic. Sellers must be able to provide proof of authenticity upon request from a Buyer or from SwagMzansi. Listing counterfeit goods is a criminal offence under the Counterfeit Goods Act 37 of 1997 and will result in immediate account termination and referral to the relevant authorities.

Sellers must accurately describe the brand, model, condition, and size of all items. Misrepresentation of authenticity constitutes fraud under South African common law and may attract criminal liability.

4. Prohibited Conduct

In addition to complying with the prohibited items list, you agree not to engage in the following conduct:

  • Misrepresenting the condition, authenticity, brand, size, or any other material attribute of a listing
  • Using the Platform to facilitate transactions that bypass our buyer protection and payment system
  • Contacting buyers or sellers outside the Platform to avoid fees or Platform oversight
  • Creating multiple accounts or using automated tools (bots, scrapers) to access the Platform
  • Harassing, threatening, or abusing other users through the Platform’s messaging or review systems
  • Posting spam, unsolicited advertising, or irrelevant content
  • Manipulating reviews, feedback, or SwagScore ratings through fraudulent means
  • Attempting to gain unauthorised access to user accounts or platform systems
  • Impersonating another person, brand, or SwagMzansi staff
  • Engaging in money laundering or using the Platform to process proceeds of unlawful activities

5. User Conduct Standards

All users of SwagMzansi are expected to:

  • Treat other users with respect and courtesy in all communications
  • Honour confirmed transactions and ship items promptly after sale
  • Provide accurate and honest descriptions and photographs of listed items
  • Respond to messages within a reasonable timeframe
  • Notify the Platform of any suspicious activity, fraudulent listings, or potential violations of this AUP

6. Reporting Violations

If you encounter a listing or user that you believe violates this AUP, please report it immediately by using the “Report a Listing” function on the Platform or by emailing info@swagmzansi.co.za with full details.

We take all reports seriously and will investigate them promptly. Reporting in good faith will not result in any negative action against your account.

7. Consequences of Violations

Violations of this AUP may result in one or more of the following consequences, at SwagMzansi’s sole discretion:

  • Removal of the offending listing without notice or refund
  • Temporary suspension of your account
  • Permanent termination of your account and forfeiture of any pending payouts
  • Withholding of funds pending investigation into fraudulent activity
  • Referral of the matter to the South African Police Service (SAPS) or relevant regulatory authority
  • Civil action to recover losses caused by fraudulent or prohibited activity

We will generally attempt to contact users before taking enforcement action, except where urgent action is required to protect other users or the integrity of the Platform.

8. Applicable Laws

This AUP is designed to ensure compliance with, among others:

  • Consumer Protection Act 68 of 2008
  • Electronic Communications and Transactions Act 25 of 2002
  • Counterfeit Goods Act 37 of 1997
  • Prevention of Organised Crime Act 121 of 1998
  • Protection of Personal Information Act 4 of 2013 (POPIA)
  • General laws of the Republic of South Africa

Questions about this policy? Contact us at info@swagmzansi.co.za.