1. Introduction 1.1. This website is owned and operated by Popping Space (Pty) Ltd t/a (“Popping”, “we”, “us”, “our”). The use of www.popping.co.za (“the Website”), and/or responding to pop-up market stall rental services, and/or pop-up space request rental services, and/or Submission of Pop-up Market Listings are subject to the following terms and conditions (“the Terms of Use”).

1.2. These Terms of Use are binding and enforceable against every person that accesses or uses this Website. By using the Website and/or by registering as a user, you acknowledge that you have read and agree to be bound by these Terms of Use.

1.3. Please read these Terms of Use carefully – they constitute a fully binding agreement between you and Popping. If you do not agree to these Terms of Use, you are prohibited from using the Website in any way.

1.4. These Terms of Use contain provisions which:

1.4.1. limit the risk or liability of Popping;

1.4.2. create risk or liability for you;

1.4.3. compel you to indemnify Popping or a third party; and/or

1.4.4. serves as an acknowledgment, by you, of a fact.

1.5. If there is any provision in these Terms of Use that you do not understand, it is your responsibility to ask a Popping representative to explain it to you before you continue using the Website.

1.6. Popping is a web-based communication platform that offers information and an online platform for Small business vendors to request and book stall space in markets, offered by third-party Market manager partners (the “Service”). Popping is not a Retail Property Management company, nor do we provide vacant retail.

1.7. “Vendors” are individuals, brands, and/or businesses seeking to obtain adhoc Stall space in markets from Market Manager/host Partners and are therefore clients of the Market Manager. “Market Managers or Market Hosts” are individuals and/or businesses seeking to list their markets to vendors & Customers. Vendors and Market Managers together are hereinafter referred to as “Users”, “you” or “your”.

1.8. Nothing in these Terms of Use is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation created for either you or Popping in terms of any applicable South African law.

2. Registration and use of the Website

2.1. By accessing and/or using this Website you warrant that you are eighteen (18) years of age (or older) and have full legal capacity.

2.2. If you are under the age of eighteen (18), or lack legal capacity, then you may only use this Website with the consent of your parent or legal guardian. If your parent or legal guardian consents, then such person agrees to be bound to these Terms of Use and to be liable and responsible for you and all your obligations under these Terms of Use.

2.3. Any stall space bookings or offerings on the Website may only be validly concluded between Popping and Users residing in South Africa. Should the User reside outside South Africa, he or she may not validly request a Stall Rental, or offer a market stall rental service, via the Website.

2.4. In order to request and book stall space, or to register as a third-party Market Manager on the Website, you are required to register and provide certain information and a unique password to Popping – any personal information processed will be in accordance with the Protection of Personal Information Act 4 of 2013, and in terms of our Privacy Policy.

2.5. You agree and warrant that you will not disclose your username and password to any third-party and that it is only for personal use.

2.6. You agree to notify Popping immediately upon becoming aware of, or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

3. The Service

3.1. User sends and/or requests for stall rental through the Website, which Popping may accept or reject. Registered third-party Market Managers send vacant stall space information to Popping. Vendors book their stall space by viewing their pricing, location, and floor space to select the best price and/or most suitable location.

3.2. Vendors contract for stall rentals directly with Marketing Managers through Poppings booking platform. Popping does its best to put together two relevant parties in order to transact in relation to book and/or rent stall space.

3.3. Popping will make reasonable efforts to make the booking process seamless and connected with relevant Markets in order to transact, but does not warrant any specific outcome, and Users agree that their use of the Service and this Website is at their own risk.

3.4. A stall rental booking on the Website constitutes an agreement. An agreement that is concluded between the Vendor, Market Manager, and Popping when a booking has been accepted by the Market Manager, payment has been made to Popping, and an official email with the Market terms is provided to the Vendor by Popping.

3.5. In the event a booking needs to be rejected, Popping will indicate the rejection of the booking by canceling it and, as soon as possible thereafter, refunding the Customer for any amount paid.

4. Collection and Rental

4.1. For logistic and security reasons, and in a bid to prevent bank fraud, the billing address, location, and retail address of any stall booking must be located within South Africa.

4.2. Upon confirmation of a booking, a confirmation email will be provided to the Vendor to enable the latter to find and setup their stall at the market.

4.3. Popping’s obligation is fulfilled once the official confirmation email with stall number has been supplied to the Vendor.

4.4. You can contact Popping or the Market Manager on the platform, at any time, after the booking has been completed.

4.5. You must ensure that the person indicated on your booking to provide the stall space (“the Manager”) is available to accept bookings for the market.

4.6. The Market Manager will not rent the stall space to any other person, unless such a person has been specifically mandated by you, in writing, to take rental of the stall(s).

4.7. In order to complete the Rental, the Market Manager may require the Vendor to pay for the stall upfront.

4.8. As a Market Manager, you warrant that you will include the correct property address in all submissions, and in the event of an incorrect address or incorrect information, neither Popping nor the Vendor will be liable or responsible for any loss or damages suffered.

4.9. The stall space(s) will be provided by the Market Manager to the Vender. Subject to clause 3 above, where the Market Manager accepts your booking, the Market Manager will make every effort to provide the correct stall space(s) to you on Market day (“Market Period”). Market dates and times are subject to changes based on unforeseen conditions, and neither Popping nor the Market Manager will be liable for any delays in the occupation of the stall space.

4.10. Your Market Manager will notify you if they are unable to provide the stall space during the Market Period.

4.11. The Market Manager’s obligation is fulfilled when the stall has been handed over to the Vender for Rental. Neither Popping nor the Market Manager, are responsible for any loss or damage after the stall has been handed over to the Vender or nominated person by you.

5. Non-Bookable circumstances

5.1. Upon Booking the stall space, the Market Manager will wait for a period of two (2) hours for the Vendor to occupy stall space during the market. In the event that the Vendor does not arrive on time for the stall space, Popping will contact the Market Manager to make arrangements for the cancellation of the booking.

5.2. You agree that in the event that you do not arrive on the morning of the market, you will pay the cost of the cancellation charges and banking charges.

6. Force Majeure

6.1. In the event of a force majeure (an act of God, such as a hijacking, robbery, flood, prolonged protest action, etc.) then you agree that the stall booking above will not apply, but the Market Manager will undertake, as far as possible in the circumstances, to ensure that stall space is available to you.

7. Restricted Items

7.1. Market Managers are not permitted to accept the following Pop-up Shops:

7.1.1. illegal items;

7.1.2. Dangerous items;

7.1.3. Stolen goods;

7.1.4. Any items for which you do not have permission to sell.

7.2. Market Managers reserve the right to refuse to accept any booking at their sole discretion.

8. Customer Payments

8.1. The currency used to pay for stall bookings through the Website is South African Rand.

8.2. We are committed to ensuring you are able to pay for stall bookings through the Website via a secure, online payment facility. All transactions are encrypted using appropriate encryption technology and payment can be made for your booking with a credit or debit card via Yoco.

8.3. You warrant that you are fully authorised to use the payment method supplied for purposes of paying for the booking. You also warrant that the payment method has sufficient available funds to cover the price of the rental service.

8.4. The payment method used by the Customer will be debited when the booking has been made and accepted by the Market Manager.

8.5. Should the Vendor’s payment provider reject the payment, the booking will not be processed and will be cancelled.

8.6. As part of measures taken to prevent fraud, the parties agree that Popping is entitled to transmit information regarding the booking and the Vendor’s payment method to a third party for verification purposes.

8.7. In the event you have any queries regarding payment, you may contact us via the contact us tab on the website, or at hello@popping.co.za

9. Stall Fees and Charges

9.1. Listing on popping.co.za is free for Market Managers. Vendors are required to pay a booking fee for stall space upon acceptance of booking by the Market Manager to rent the stall space.

9.2. Payment for stall space must be made upon booking request, via EFT, for the date of the market period.

9.3. In addition to 9.1, Popping charges Shopping Centre a percentage of the bookings per market for the booking of stall spaces of the daily booking fee. 

9.4. In addition to 9.3, Popping charges Market Manager a percentage of 20 to 40% commission for stall rental of the entire duration of the market. 

9.5. Payment to Popping will be deducted from the bookings and the remainder paid out to Market Managers 48-hours post a successful stall booking. Payment will be made into the bank account provided by the Market Manager.

10. Cancellation of Booking

10.1. Seven days Prior to the market date, you may cancel a booking, at no cost, provided you do so a minimum of 7-days in advance.

10.2. Upon acceptance for the market, the Market Manager will wait 48 hours for payment. If payment is not completed after the 48 hour period the Market Manager will withdraw the acceptance and the booking will be deemed to be cancelled, and a cancellation fee of R50 (fifty Rand) will automatically apply.

10.3. If the Market Manager refuses to accept you due to the reason provided, a cancellation fee will automatically apply.

10.4. Popping will charge a cancellation fee of R50 (fifty Rand) for all failed bookings that are due to the fault of the Vendor or the Vendor’s representative.

11. Insurance

11.1. Popping does not provide insurance and/or insure the goods being sold at the market and property damage. The Vendor acknowledges that if insurance is required, then it is their responsibility to ensure their goods and property being provided is insured.

12. User Vetting

12.1. In Popping’s sole discretion, Users may be subject to an extensive vetting process before they can register with Popping, including but not limited to verification of identity, verification of physical address and verification of bank account.

12.2. Although Popping may perform identity checks, we are not required to do so and cannot confirm that each User is who they claim to be. Popping cannot and does not assume responsibility for the accuracy or reliability of identity checks and/or vetting information provided through the Popping website.

12.3. When interacting with other Users, you should exercise caution to protect your personal safety, data, and property, just as you would when interacting with another person who you don’t know.

13. Users Obligations and Acceptable Use

13.1. Users acknowledge and agree that they will fulfill the commitments made to other Users, including making payment through the chosen payment method, performing the transportation services agreed upon between the Vendor and the Market Manager, communicating clearly and promptly, being available electronically between setup and Rental, and setting up the Pop-up shop within the agreed upon Market Period.

13.2. Users acknowledge and agree that they will act professionally and responsibly in their interactions with other Users and that they will act in accordance with any applicable laws.

13.3. Market Managers further warrant that you will provide timely, high-quality services to our Vendors, you will only offer and provide stall space for which you have the capability and you will provide the services safely and in accordance with all applicable laws.

13.4. Market Managers must professionally perform the rental services booked by the Vendor, sub-contracting is not permitted as all stall space rental must be performed by a Popping registered Market Manager.

13.5. Users may not use the Popping platform to solicit for any other business, website, or service, or otherwise contact Users for employment, contracting, or any purpose not related to use of the Popping platform as set forth herein.

13.6. Users may not use the Popping platform or Popping services in violation of this Agreement.

13.7. Users may not attempt to circumvent the payments system or service fees in any way.

14. Market Manager – Worker Classification

14.1. Popping is not an employment agency service or business, and we are not an employer of any Market Manager. The parties expressly agree that no employment relationship will come into effect between Popping and the Market Manager.

14.2. The terms of any laws, agreements, or policies that regulate an employer and employee relationship will not apply between Popping and the Market Manager.

14.3. Popping does not set Market Manager working hours or location of markets. Popping will not provide any equipment, tools, labour, or materials needed for the stall rental, unless through a joint venture market. Popping does not provide any supervision to Market Managers.

14.4. The Market Manager acknowledges that no PAYE, UIF, or other SARS related deductions will be made by Popping, and the Market Manager agrees that he/she will make any required payment to SARS.

14.5. Users do not have the authority to enter into written or oral contracts, whether implied or express, on behalf of Popping.

15. Disclaimers, Warranties and Important Information

15.1. Market Managers are independent contractors of Vendors, and not employees, agents, partners, franchisees, or independent contractors of Popping. Popping does not perform third-party rental services and does not employ individuals to perform rental services. Customers hereby acknowledge that Popping does not supervise, direct or control the Market Manager’s performance and expressly disclaims any responsibility and liability for rental services performed in any manner.

15.2. Popping is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the stall rental services.

15.3. Popping disclaims all implied warranties, including but not limited to, warranties of suitability, reliability, timeliness, compatibility, security, and accuracy.

15.4. Although Popping has taken all reasonable steps to guard against viruses or destructive codes, it gives no warranty that the Website is free of viruses or any other data or code that has the ability to corrupt or affect your system.

15.5. The use of the Service, and/or stall rental services, and/or Website in any form is entirely at the users’ own risk and the Website is provided ‘as is’.

15.6. Popping and the Market Managers are not liable for any loss or damages whatsoever relating to your use of the Service, and/or stall rental services, and/or access of the Website including instances of loss caused by the negligence of the Market Manager and/or Popping and/or its affiliates or representatives.

16. Indemnity

16.1. Users agree that the service is used at their own risk, and the quality of the stall booked through the Website is entirely the responsibility of the Market Manager who ultimately provides such stall rental services to you. Popping under no circumstances accepts liability in connection with and/or arising from the rental services provided by the Market Manager or any conduct and/or negligence on the part of the Market Manager.

16.2. Under no circumstances will Popping, its affiliates, employees or representatives be liable for any loss or damages of any kind.

16.3. You agree to indemnify, defend and hold Popping, its affiliates and/or its directors, employees, agents, the Market Managers, and contractors harmless from and against damage or loss that arises directly or indirectly out of or from

(i) your breach of these Terms of Use; and/or

(ii) your activities and/or conduct in connection with this Website.

17. Complaints

17.1. Popping will make all reasonable efforts to mediate any disputes between Vendors and Market Managers.

17.2. If you have any questions or complaints regarding these Terms of Use or have any queries or comments in relation to the Website or be unhappy with the level of service provided by the Market Manager please contact us via our email hello@popping.co.za and we will endeavor to respond to you promptly.

18. Termination

18.1. Popping may immediately terminate or limit your right to use the Popping platform at their sole discretion by providing you with e-mailed notice.

18.2. You may terminate this Agreement at any time by advising us of such, and by ceasing all use of the Popping platform.

19. General

19.1. Popping may revise these Terms of Use at any time without notice. Although we will endeavor to highlight any changes to these Terms of Use, you should revisit the Website periodically to make sure you are aware of the most recent terms, because they will be binding on you.

19.2. This Agreement shall be governed by and interpreted according to the laws of the Republic of South Africa and the parties consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng, Johannesburg, in respect of any proceedings arising out of or in connection with this Agreement. The parties agree that this Agreement shall, for purposes of jurisdiction, have been concluded at our head office at Randburg, Ferndale.

19.3. Each provision of these terms of use shall be severable from the other provisions. Should any provision be found by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions of these terms of use shall nevertheless remain binding and continue with full force and effect.


Updated January 2022 v8