Terms & Condition

Introduction

  • This website can be accessed at www.tradebrics.com and its related mobile sites and applications (the Website). The Website is owned and managed by TradeBRICS Proprietary Limited (TradeBRICS).
  • These terms and conditions (the Terms) are binding on any person who accesses or uses the Website and/or signs up for one of the subscription service plans offered by on the Website (the User). By entering the Website and/or making use of the subscription plans through the Website, the User agrees to be bound by and shall be deemed to have accepted these Terms, which the User acknowledges to have read and understood. If the User does not agree to any of the Terms, the User should not enter, view, use, sign up for a subscription plan or conduct any transaction on the Website
  • The Website enables a User to source a variety of goods and/or services from quality local suppliers, manufacturers, exporters, importers and wholesalers. Buyers and sellers can develop new and existing supplier relationships by sourcing from the TradeBRICS marketplace, making use of the automated quote management and procurement system, negotiating and transacting with suppliers and managing their vendors. The Website also provides detailed information about local suppliers and manufacturers and allows sellers to promote their business and manage their business goals through the TradeBRICS platform. The User can obtain more information regarding the specific service offerings and subscription plans which TradeBRICS may offer from time to time on the Website.

Amendments to terms

TradeBRICS reserves the right to amend, modify, or revise any part of the Website, the related Terms and/or Privacy Notice and any additional terms which may be applicable to the User at any time and without prior notice. The User agrees to be bound by such amendments, modifications, or revisions. The User must review the Terms on a continual basis and remain up-to-date in respect of any changes. Such amendments, modifications, or revisions shall be effective immediately; provided, however, for existing Users, such modifications or revisions shall, unless otherwise stated, be effective 30 days after posting.

Accounts

All Users will be able to use the Website to search for businesses, services and products, but only those Users who have registered an account for one of the subscription plans are able to access the subscription features on the Website. The features a User is entitled to access will depend on the particular type of subscription plan they have signed up for.

TradeBRICS currently offers the following range of subscription plans:

  • Basic subscription
  • Business subscription
  • Premium subscription
  • Enterprise subscription
  • Trader subscription

The User can obtain more information about the pricing, entitlements and features associated with each subscription plan at www.tradebrics.com/pricing

The User acknowledges that they shall be required to capture personal information upon registration in order to create an account with which the User can log into the desired subscription services. When creating an account, the User must provide accurate and complete information.

Account access is limited to the User. Certain subscription plans allow the User to add a limited number of authorised active users within the User’s subscription account.

If the User chooses or is provided with identification codes, usernames, passwords or any similar form of identification information as part of TradeBRICS’ security systems, the User must keep this information secret and confidential and must not permit anyone else to use it. The User shall be responsible for all access to the subscription services with the User’s username and password. When the User’s username and password have been used in order to gain access to the subscription services, TradeBRICS shall be entitled to assume that such use and all related communications emanate from the User. TradeBRICS shall not be liable for any loss or damage arising from unauthorised use of the User’s identification information

In the event that the User becomes aware of a breach of the confidentiality of the User’s username and password, the User must immediately communicate this to TradeBRICS with subsequent confirmation in writing. The compromised username and password will be deactivated as soon as reasonably possible and a new username and password will be issued to the User. TradeBRICS may, in its sole and absolute discretion and for any reason whatsoever, require the User to change his username and password at any time.

Free trial

  • TradeBRICS offers a free trial on the Business subscription plan, the Premium subscription plan and the Trader subscription plan.
  • The Enterprise subscription plan is structured differently from the other subscription plans and billing is determined on a per-company basis. As such, there is no free trial available for the Enterprise subscription plan.
  • No credit card details or other payment of financial information is required from the User in order to sign up for a free trial.
  • The free trial is valid for a period of 1 week from date of activation and may be cancelled at any time.
  • During the trial period, the User may only make such use of the services as is reasonably required in order to evaluate whether the service is suitable for their particular business needs.
  • On expiry of the trial period, the User’s access to the particular subscription services and features will be terminated automatically.
  • If the User would like to enter into any particular subscription service plan after the expiry of the trial period, they may do so in accordance with the provisions of clause 5.
  • The User may contact the TradeBRICS support team if they need assistance in deciding on a particular subscription plan using the contact details set out in clause 21.
  • TradeBRICS only allows one free trial per business.

Subscription

By making use of the Website and/or the subscription services offered by TradeBRICS, the User represents and warrants that:

  • the User is legally capable of entering into binding contracts
  • the User is at least 18 years of age, or the age of majority in their territory
  • if the User is a juristic person, that the person representing the User in its transaction with TradeBRICS is duly authorised to do so; and the User agrees to be bound by these Terms.
  • By doing so, the User accepts that TradeBRICS will rely on the User’s representation that the User has unfettered legal capacity to contract and that the User is over 18 years of age.
  • Before proceeding to finalise a subscription to any subscription plan, the User will be given an opportunity to review and, if required, correct the selection of subscription plan, the number of active users as well as any information or addresses provided.
  • TradeBRICS will in no way be held liable to provide a subscription service at an expired price or where the subscription service concerned is no longer available.
  • The User is permitted to change their subscription plan at any time by contacting TradeBRICS on the contact details set out in clause 21. Additional costs may apply if the User decides to switch to a more expensive subscription plan.

Prices

  • The price of subscription plans will be the price quoted on the Website in respect of any particular subscription plan. Pricing is calculated on a per user basis and the final estimate will depend on the subscription plan chosen and the number of users that will be signed up.
  • The User has the option to select either a monthly billing plan or an annual billing plan for any particular subscription service. The monthly prices of annual billing plans may be offered at a discounted rate.
  • TradeBRICS reserves the right to adjust the prices of subscription plans and to correct any pricing errors that may inadvertently occur at any time and without giving the User any advance notice.
  • All prices shall only apply during the validity period stated on the Website and shall only be valid once the subscription order has been processed and confirmed by TradeBRICS. If the price for a subscription plan no longer appears on the Website, such subscription plan shall no longer be available for purchase at that price.
  • All prices quoted on the Website are listed in South African Rands (ZAR) and will be exclusive of value added tax imposed in terms of the Value Added Tax Act, 1991 (VAT) and any other applicable taxes.
  • Users who reside outside the Republic of South Africa that would prefer making payment in a foreign currency are requested to contact the finance department of TradeBRICS using the contact details set out in clause 21.

Payment

  • The User can make payment for products using the payment methods that are available on the Website from time to time. The User must only make use of a single payment method in order to pay for an order and multiple payment methods cannot be used (for example, a User may not pay by credit card and PayPal for an order). TradeBRICS will not accept any payment by cheque.
  • Where payment is made by credit card, TradeBRICS may require additional information in order to authorise and/or verify the validity of payment. In such cases TradeBRICS is entitled to withhold access to the subscription plan until such time as the additional information is received and authorisation is obtained for the amounts. If they do not receive such authorisation, the order will be cancelled. The User warrants that they are fully authorised to use the credit card supplied for purposes of paying the subscription plan and that the credit card has sufficient available funds to cover all the costs incurred as a result of the transaction on the Website
  • When making payment, the User undertakes to pay the final purchase price (including VAT and any other charges reflected).
  • Notwithstanding any other clause contained in these Terms, TradeBRICS shall have no duty to provide the User with access to any paid subscription plan until the User’s payment has been cleared by the relevant bank and has become available in TradeBRICS’ bank account.
  • The User’s order will be cancelled immediately where payment is not processed by the relevant bank and credited to TradeBRICS’ bank account.

Online payments

  • TradeBRICS takes extensive steps to ensure that all transactions are secure. All transactions made through the Website are encrypted. The User acknowledges that transactions that are performed over the internet may be vulnerable to interception. TradeBRICS will not be liable for any loss that the User may suffer as a result of any interception.
  • Online payments are processed by third party payment service providers. TradeBRICS has no involvement in or control over the payment service provided by them. To the fullest extent permitted by law, TradeBRICS shall not be liable to the User for any damage or loss suffered or incurred by the User relating to the actions or omissions of such service providers or through the use of their payment services.
  • By making online payments relating to the Website, Users consent to the use and retention of their card details.
  • TradeBRICS is the merchant of record and responsible for the contents of these Terms and the processing and fulfilment of orders, customer service, resolution of disputes.

Cancellation

Annual subscription:

  • Annual subscription plans may be offered at a discounted rate. Prepayment at the then current annual prepayment rate for a 12-month period is required.
  • Early cancellations of an annual subscription plan will not result in a refund of any fees or charges.

Monthly subscription:

  • Monthly subscription plans are charged monthly in advance at the then current monthly billing rate.
  • Early cancellations of a monthly subscription plan will not result in a refund of any fees or charges.
  • No provision stated in these Terms regarding TradeBRICS’ cancellation policy will affect or be interpreted to deny the User any of the User’s unalterable statutory rights, to the extent applicable. If and to the extent that the Consumer Protection Act, 2008 (CPA) applies, Users shall be entitled to the relief outlined in the CPA’s provisions.

Warranties and liability

  • The User makes use of the subscription services at their own risk.
  • The User acknowledges that the subscription services in general are not error free.
  • To the extent permitted by law, the TradeBRICS will have no liability for any loss, damage, cost, expense, injury, claim or penalty of whatsoever nature, including, but not limited to, indirect and consequential loss of damage and loss of profits, however arising out of or in connection with these Terms or the subscription services, whether caused by latent or patent defects in the subscription services, or the use of the subscription services otherwise.
  • TradeBRICS shall not be liable and the User hereby indemnifies TradeBRICS against any and all liability, loss, damage, penalty, cost or claim of any nature whatsoever suffered by the User or any third party in relation to any act or omission of the User in relation to the subscription services, or the use thereof or arising from the provisions of these Terms.
  • The User agrees that if incorrect data is captured using the subscription services, or if data is captured incorrectly, the information conveyed by the subscription services will be incorrect. TradeBRICS shall not be responsible for incorrect data captured, or data captured incorrectly by the User using the subscription services.
  • The User acknowledges that TradeBRICS shall not be responsible for incorrect or inaccurate data which have been captured by other users of the Website. Each User of the Website is responsible for the correctness and accuracy of the data captured by them on the Website.
  • Except to the extent expressly provided for in these Terms, TradeBRICS gives no warranties or representations, whether expressed or implied, in relation to the free services or the subscription services offered on the Website.
  • TradeBRICS will not be held liable for any delay, failure, breach or non-compliance with its obligations under these Terms if such delay, failure, breach or non-compliance is beyond the reasonable control of TradeBRICS.
  • These Terms do not intend to, nor shall they be interpreted to, limit the liability of TradeBRICS in any way which would be illegal for TradeBRICS to exclude or attempt to exclude or where such exclusion is prohibited by the Consumer Protection Act, 2008 or the Electronic Communications and Transactions Act, 2002, or any other law in force from time to time in the Republic of South Africa.

Liabilities regarding use of the website

  • The User makes use of this Website at their own risk.
  • The Website and all information, content, materials and services included or otherwise made available to the User therein are provided on an “as is” and an “as available” basis. TradeBRICS makes no warranties or representations of any kind, express or implied, as to the operation of this Website or the available information, content, materials or services included on or otherwise made available to the User.
  • To the extent permitted by law, the liability of TradeBRICS for losses suffered as a result of any breach of these Terms shall be strictly limited to the purchase price of the product or products purchased by any User.
  • Notwithstanding anything to the contrary contained in these Terms, TradeBRICS shall not have any liability for any loss, damage, cost, claim or penalty of whatsoever nature including, but not limited to, indirect and consequential loss or damage and loss of profits, however arising out of or in connection with these Terms or the Website, whether caused by latent or patent defects in the Website, the use of the Website and/or information contained on the Website or otherwise.
  • The User assumes all responsibility and risk for the use of the Website. The User hereby indemnifies TradeBRICS and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of any nature whatsoever suffered by them or any third party in relation to any act or omission by the User or, where applicable, the User’s shareholders, members, directors, officers, employees, representatives, agents or assigns or any third party in relation to the Website and the use thereof by the User, and/or arising from the provisions of these Terms
  • TradeBRICS will not be held liable for any delay, failure, breach or non-compliance with its obligations under these Terms if such delay, failure, breach or non-compliance is beyond the reasonable control of TradeBRICS.
  • These Terms do not intend to, nor shall they be interpreted to, limit the liability of TradeBRICS in any way which would be illegal for TradeBRICS to exclude or attempt to exclude or where such exclusion is prohibited by the CPA or the Electronic Communications and Transactions Act, 2002, or any other law in force from time to time in the Republic of South Africa.

Website use

  • The User may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Website’s contents or the proper functioning of the Website without the prior written consent of TradeBRICS.
  • TradeBRICS reserves the right to make any changes to the Website, its content and/or products offered through the Website at any time and without prior notice.
  • Content published on the Website reflects the views of the author and does not necessarily constitute the official opinion of TradeBRICS unless otherwise stated.
  • The Website may contain links to other websites. TradeBRICS has no control over such websites, does not review their content and will not be liable for their content or accuracy. The User accesses such websites at the User’s own risk and discretion.
  • The User may link to this Website, provided that the User will not replicate any particular page, including the homepage. When linking to this Website, the User confirms and agrees that it will comply and ensure compliance with the requirements of this clause 12.
  • No content that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language may be associated in linking to the Website.
  • Any material uploaded by the User to the Website will be deemed to be non-confidential and in uploading such material the User grants TradeBRICS the right to copy, adapt, distribute and disclose to third parties any such material for purposes relating to this Website in any form throughout the world in perpetuity.
  • Although every effort will be made to have this Website available at all times, the Website may become unavailable for reasons including (without limitation) maintenance or repairs, loss of connectivity or some other form of interruption. TradeBRICS does not warrant against nor will it be held liable for such downtime and the User indemnifies TradeBRICS against any loss, damage, claims, costs or penalties incurred as a result of such unavailability.
  • If the User commits any breach of these Terms or in any other way interacts with or uses the Website in an unlawful or unauthorised manner, TradeBRICS shall be entitled, in its sole and absolute discretion, to terminate the User’s access to the Website immediately, without prior notice, without any liability on TradeBRICS’ part and without prejudice to TradeBRICS’ rights in terms of these Terms or at law. Following such termination, the User will forfeit the right to link to this Website as described in clause 12.5
  • By accessing the Website the User represents and warrants that they own and/or otherwise control all of the rights to the content that the User posts and/or uploads. Furthermore, the User represents and warrants that the content submitted to the Website is accurate, usable; and will not cause injury, defame any person or breach any clause of these Terms or any law. The User shall indemnify TradeBRICS from and against any and all loss by any person which results from a breach of these representations or warranties

Disclaimer

TradeBRICS provides a platform which Users may use to share and obtain business information and to interact and transact with various businesses and other users of the Website. Any information, accreditations, certificates, documentation, commentary, advice, suggestions, or any other information posted on the Website is not verified by TradeBRICS and TradeBRICS does not guarantee the accuracy or the validity of such information or that such information is current and up-to-date. The User makes use of any such information at their own risk and in their own discretion and disclaims and indemnifies TradeBRICS from and against any and all liability and responsibility arising from any reliance placed on such information, whether posted on the Website or by any other person visiting the Website, and including any and all possible transactions which may emanate from such information or the use of the Website.

Proprietary rights

  • The User acknowledges that TradeBRICS and its licensors are the proprietors of any and all intellectual property subsisting in, pertaining to or used on the Website including, without limitation, patents, inventions, copyright, trade marks, goodwill and/or trade secrets (Intellectual Property) associated with, related to or appearing on the Website.
  • The content of the Website, including but not limited to any pictures, photos, text, presentations, names, titles, brands, drawings and associated software are protected by South African and international law. The owners of such content reserve all such rights therein unless provided otherwise in these Terms.
  • The User undertakes:
    • not to use or register any trade marks, trade names or other devices which are or incorporate marks which are the same as or confusingly similar to the Trade Marks or which marks are likely to be associated with the Trade Marks or where such use would take unfair advantage of or be detrimental to the distinctive character or the repute of the Trade Marks;
    • not at any time to do or cause to be done any act or thing in any way impairing or tending to impair any part of the rights, title and interest in and to the Intellectual Property; and
    • not in any way to make unauthorised use of the Intellectual Property or to represent that the User has any rights of any nature in the Intellectual Property or any registrations thereof.
  • Without limiting the generality of the provisions of clause 14.3, the User undertakes not to make any unauthorised use, reproductions or copies of any work or material displayed or made available on the Website and agrees to adhere to and comply with all policies, conditions of use and rules that may apply to the use of such work or material.
  • TradeBRICS graphics, logos, page headers, button icons, scripts and service names are the property of TradeBRICS. TradeBRICS trade marks and trade dress may not be used in connection with any product or service that is not conducted by TradeBRICS or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TradeBRICS. The User may not use any of the Intellectual Property without TradeBRICS’ prior written consent.
  • All other trade marks not owned by TradeBRICS that appear on the Website are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by us. The User may not use such trade marks without prior written consent from the relevant owners.

Prohibitions, malicious software and offenses

The User may not:

  • sub-license the subscription services or the rights granted by way of these Terms;
  • translate, adapt, vary, modify, disassemble, decompile or reverse engineer the subscription services
  • create derivate works based on the subscription services;
  • copy, reproduce or publish the subscription services or other materials relating to the subscription services, except as provided for in these Terms;
  • use the subscription services otherwise than in compliance with these Terms;
  • interfere with the contents of the subscription services without prior written consent of TradeBRICS;
  • sell, transfer, distribute or make the subscription services or any copies thereof available to any unauthorised third party; or
  • alter or remove any notices or trade marks on the subscription services.

The User warrants that:

  • the User will not use the Website in any way that causes, or is likely to cause, the Website and access to the Website to be interrupted, damaged or impaired in any manner;
  • no form of virus, Trojans, worms, logic bombs, or other malicious coding, virus or software will be introduced onto the Website or into TradeBRICS’ system which may cause any form of technological harm or any other form of harm in any manner or respect;
  • the User will not attempt to gain unauthorised access to the Website, including through the theft of any third party’s username and password; and
  • the User will not attempt to gain unauthorised access to the Website’s server, databases, computers or any other device associated with the Website and will not attack the Website through a denial-of-service attack or a distributed denial-of-service attack.

Any breach of these Terms regarding malicious software and offenses will be reported to the relevant law enforcement agencies and TradeBRICS will co-operate in all respects with those law enforcement agencies, including by way of disclosure of the identity and identification information of the User.

If the User commits any breach of these Terms or in any other way interacts with or uses the subscription services in an unlawful or unauthorised manner, TradeBRICS shall be entitled, in its sole and absolute discretion, to terminate the User’s access to the subscription services immediately, without prior notice, without any liability on TradeBRICS’ part and without prejudice to the TradeBRICS’ rights in terms of these Terms or at law

Although TradeBRICS and its representatives will use reasonable efforts to ensure that no malicious content can be received from the Website TradeBRICS does not warrant that the Website is free of malicious content or viruses and TradeBRICS will not be held liable for any loss resulting from a distributed denial-of-service attack, or any malicious content as described in clause 15.2.2. which may infect any User’s computer or device, computer equipment, data or any other propriety material where such loss is or may be attributed to the User’s use of the Website or downloads received from the Website.

The User warrants that they will not use the Website in any manner that will break any law enforceable in the Republic of South Africa or their territory, or cause any annoyance, unnecessary anxiety or inconvenience to any person.

Suspension and deregistration

  • TradeBRICS reserves the right to at any time suspend or terminate the Website, the subscription services or any activity on the Website for any reason, including (without limitation) any unlawful use of the Website by any User or for any reasons relating to any law, legislation or regulation.
  • In the event that the Website, any activity or event on the Website or any person’s purchase of any of the subscription services offered for sale on the Website is suspended or terminated, a person shall have no claim against TradeBRICS for whatever reason.

Privacy

TradeBRICS’ Privacy Notice is separately made available on the Website and further describes the collection and use of information on this Website.

Addresses

  • Each Party chooses the addresses set out opposite its name below as its addresses to which all notices and other communications must be delivered for the purposes of this Agreement and its domicilium citandi et executandi (“Domicilium”) at which all documents in legal proceedings in connection with this Agreement must be served:
  • TradeBRICS: As per clause 21;
  • The User: As per the address supplied when the User registered an account on the Website.
  • Any notice or communication required or permitted to be given to a Party pursuant to the provisions of this Agreement shall be valid and effective only if in writing and sent to a Party’s chosen address in accordance with the provisions of clause 18.1, provided that documents in legal proceedings in connection with this Agreement may only be served at a Party’s Domicilium.

Governing law

The entire provisions of these Terms shall be governed by and construed in accordance with the laws of South Africa. Furthermore, the Parties hereto hereby irrevocably and unconditionally consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Pretoria, in regard to all matters arising from these Terms.

General

  • TradeBRICS shall not be bound by and the User shall not have any claim or right of action arising from any express or implied term, undertaking, representation, warranty, promise or the like which is not included or recorded in these Terms or the related contracts, whether it induced the contract and/or whether it was negligent or not.
  • TradeBRICS shall not be bound by and the User shall not have any claim or right of action arising from any express or implied term, undertaking, representation, warranty, promise or the like which is not included or recorded in these Terms or the related contracts, whether it induced the contract and/or whether it was negligent or not.
  • Except as provided for under these Terms, the User shall not cede any of its rights or delegate any of its obligations under these Terms without the prior written consent of TradeBRICS.
  • If any clause or term of these Terms should be invalid, unenforceable, defective or illegal for any reason whatsoever, then the remaining terms and provisions of these Terms shall be deemed to be severable and shall continue in full force and effect unless such invalidity, unenforceability, defect or illegality goes to the root of these Terms
  • If at any time there is a failure by TradeBRICS to insist on strict performance of any of the User’s obligations under these Terms and related contracts, this shall not be construed to be a waiver of such rights and shall not relieve the User from compliance with such obligations. A waiver of any one default is not to be interpreted as a condonation of any other or further defaults.
  • Any and all communications between the parties, whether legal or merely for notification purposes, correspondence or for any other reason will only satisfy any legal requirement if it is reduced to writing whether electronic or otherwise.

Contact details

TradeBRICS can be contacted on +27 11 446 3600 or at help@tradebrics.com.

Disclosure of information

Merchant: TradeBRICS Proprietary Limited

Physical address: 6th Floor, 2 Maude Street, Sundown, Sandton, 2146

Postal address: The Forum, 2 Maude Street, Sandton

Telephone number: +27 11 446 3600

E-mail address: help@tradebrics

Website address: www.tradebrics.com

VAT number: 4320290838

TradeBRICS will receive service of documents in legal proceedings at the above physical address.

Place of registration: Republic of South Africa.

Registration date: 17/09/2019

Names of office bearers: Geetha Maharaj, Pravin Maharaj

Copyright©2019 Tradebrics.

All rights reserved.

Revised: 2020/07/13