Terms of Use

Welcome to www.trusttrade.co.za (“TrustTrade”). These Terms of Use, the Rules for Posting, the Privacy Notice, the Mobile Devices Terms, and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications, and tools (collectively “Services”).

All policies, the Mobile Devices Terms, and the Privacy Policy are incorporated into these Terms of Use. By accessing the Services, you agree to comply with all the above when accessing or using our Services. By accessing the Services, you are agreeing to the following terms, which are designed to ensure that the Services work for everyone. If you do not agree to these terms, or any update or change thereto as dealt with below, you should not access or use TrustTrade. You affirm that you are either 18 years of age or older or possess the necessary consents to agree to these terms.

TrustTrade is provided to you by TrustTrade South Africa (Pty) Ltd, also referred to below as “TrustTrade,” “we,” “us,” or “our.” This policy is effective 1 July 2022.

Using TrustTrade. As a condition of your use of TrustTrade, you agree that you will not:

• Violate any applicable laws, including but not limited to consumer protection, data protection, and intellectual property laws (including their regulations and guidelines).
• Violate any applicable posting rules.
• Post listings that do not show clear, truthful, verifiable, complete, and unambiguous information regarding your contact details, the goods, price, delivery, and any additional charge.
• Post any threatening, abusive, defamatory, pornographic, obscene, unconstitutional, or indecent material.
• Use the Services in any manner that could impair any of our websites or applications in any way or interfere with any party’s use or enjoyment of any such site or application.
• Post any material that is harmful to, harms, or could harm minors in any way.
• Use false or misleading advertising practices.
• Infringe any third-party right.
• Distribute or contain spam, chain letters, or pyramid schemes.
• Distribute viruses or any other technologies that may harm TrustTrade or the interests or property of TrustTrade users.
• Impose an unreasonable load on our infrastructure or interfere with the proper working of TrustTrade.
• Copy, modify, or distribute any other person’s content without their consent.
• Use any robot spider, scraper, or other automated means to access TrustTrade and collect content for any purpose without our express written permission.
• Harvest or otherwise collect information about others, including email addresses, without their consent or otherwise violate the privacy of another person.
• Use the information available on TrustTrade to contact users or advertisers for any purpose other than for the use of the Services.
• Bypass measures used to prevent or restrict access to TrustTrade.

You are solely responsible for all information that you submit to TrustTrade and any consequences that may result from your post. We reserve the right for any or no reason, at our discretion, to refuse, delete, or take down content that (or any part thereof) we believe is inappropriate or breaching the above terms. We may, at our discretion, remove ads, put ads on hold, or make minor changes thereto when they do not comply with the Posting Rules. We also reserve the right at our discretion to restrict a user’s usage of the site either temporarily or permanently or refuse a user’s registration.

Abusing TrustTrade. TrustTrade and the TrustTrade community work together to keep the site working properly and the community safe. Please report problems, offensive content, and policy breaches to us using the reporting system.

Without limiting other remedies, we may issue warnings, limit, or terminate our service, remove hosted content, exercise our discretion when ads do not comply with our policies, and take technical and legal steps to keep users off TrustTrade if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content, exercise our discretion when ads do not comply with our policies, or keep a user off TrustTrade or not, we do not accept any liability for monitoring TrustTrade or for unauthorized or unlawful content on TrustTrade or use of TrustTrade by users. You also recognize and accept that TrustTrade is not under any obligation to monitor any data or content that is submitted to or available on the site.

Fees and Services. Using TrustTrade is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you’ll be able to review and accept that charge and any additional terms and conditions applicable, including forms of payment, to the service at the time of purchase. This will be clearly disclosed at the time you post your ad. Our fees are quoted in South African Rand, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

Our fees are non-refundable, and you are responsible for paying them when they’re due. If you don’t, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other permissible collection mechanisms.

Content. TrustTrade contains content from us, you, and other users. TrustTrade is protected by copyright laws and international treaties. Content displayed on or via TrustTrade is protected as a collective work and/or compilation, pursuant to copyright laws and international conventions. You agree not to copy, distribute, or modify content from TrustTrade without our express written consent. You may not disassemble or decompile, reverse engineer, or otherwise attempt to discover any source code contained in TrustTrade. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of TrustTrade (other than your own content).

When providing us with content or causing content to be posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) license to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. This means that we are entitled to host, cache, route, transmit, store, copy, modify, reproduce, distribute, syndicate, publish, translate, use, publicly perform, publicly display, reformat, modify, edit, excerpt, analyze, and create algorithms and derivative works from your content, or otherwise use such content. Further, to the fullest extent permitted under applicable law, you waive your moral rights and agree not to assert such rights or any other intellectual property or publicity rights against us, our sub-licensees, or our assignees.

You represent and warrant that none of the following infringe the license (or any part thereof) granted to us in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with the TrustTrade Terms of Use.

Infringement. Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design, and trademark (e.g., offering counterfeit items for sale). TrustTrade offers a wide variety of products by private individuals in South Africa. If you are the rightful owner of copyright, trademark rights, or other rights owned by third parties and you believe that any offers on TrustTrade may infringe on your rights, you can submit a request to have the infringing offer removed. If you are a legal representative of the entitled party and wish to report an infringement, you can participate in the Notice of Infringement Program by completing a Notice of Infringement Form and emailing it to TrustTrade at southafrica@trusttrade.co.za.

Please note that the Notice of Infringement Form is intended for lawful owners of intellectual property rights and is designed to ensure that products offered on TrustTrade do not violate the copyright, trademark right, or other intellectual property rights of third parties.

For any other inquiries or assistance, both visitors and advertisers can seek help by opening a case with TrustTrade.

Liability

Trusttrade does not act as a supplier as contemplated in the consumer protection act, or otherwise, and is not the party marketing the goods/services. Trusttrade only provides the platform.

As most of the content on trusttrade comes from other users, we do not guarantee or give any warranty or make any representation as to the accuracy and content of postings or user communications or the quality, safety, or legality of what’s offered, or with regard to the legal capacity of the users that may conduct or complete any transaction.

You agree not to hold us responsible for things other users post or do.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene, or indecent information or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law.

Trusttrade may promote, endorse, and/or contain links to third-party sites and/or services and/or goods. These sites, services, and and/or goods are beyond the control of trusttrade. Trusttrade is not involved in transactions between users and the operators of such third-party sites. Trusttrade does not accept responsibility for their content, services, and/or products.

We cannot guarantee continuous, error-free, or secure access to our services or that defects in the service will be corrected.

While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this, and we do not give any promises or warranties (whether expressed or implied) about the availability of our services.

Accordingly, to the extent legally permitted, we expressly disclaim all warranties, representations, and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose, and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of trusttrade, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, delict, negligence, strict liability in delict, by statute, or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 south african rand.

Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees.

Personal Information

By using TrustTrade, you agree that you are giving your voluntary and informed consent to the collection, transfer, storage, and use of your personal information by TrustTrade on servers located in the European Union, United States, and other locations, and for such purposes as further described in our Privacy Policy. You also agree that you are giving your voluntary and informed consent to receive marketing communications from us unless you tell us that you prefer not to receive such communications.

Security

In order to ensure the security and reliable operation of the site for all users, TrustTrade reserves the right at its discretion to take whatever action it finds necessary to preserve the security, integrity, and reliability of its network and back-office applications. Any user who commits any of the offenses detailed in Chapter 13 of the Electronic Communications and Transactions Act, 2002 (specifically sections 85 to 88 inclusive) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss, or damages suffered and/or incurred by TrustTrade and its affiliates, agents, and/or partners.

Resolution of Disputes

If a dispute arises between you and TrustTrade, we strongly encourage you to first contact us directly to seek a resolution by going to the TrustTrade Help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General

These terms and the other policies posted on TrustTrade constitute the entire agreement between TrustTrade and you, superseding any prior agreements.

To the extent permitted by applicable law, this Agreement shall be governed and construed in all respects by the laws of South Africa. You agree that any claim or dispute you may have against TrustTrade must be resolved by the courts of South Africa, and you and TrustTrade both agree to submit to the non-exclusive jurisdiction of Johannesburg, South Africa.

If we don’t enforce any particular provision, we are not waiving our right to do so at a later stage. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement at our sole discretion in accordance with the notice provision below.

Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to TrustTrade at info@trusttrade.co.za. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.

We may update this agreement at any time, with changes taking effect when you next post or 30 days after we post the updated policy on the site, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users, and by us.

Mobile Devices Terms

If you’re accessing TrustTrade Services from a mobile device using a TrustTrade Mobile Application (the “Application”), the following terms and conditions (“Terms of Use”) apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Terms of Use.

Application Use

TrustTrade grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third-party terms of agreement when using the Application (e.g., your data service agreement). The Application may not contain the same functionality available on the www.trusttrade.co.za website. Your download and use of the application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that result from the download or use of the application.

Intellectual Property – Applications

TrustTrade owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application, and you will not remove, obscure, or alter TrustTrade’s copyright notice, trademarks, or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any TrustTrade Application.

Additional Terms

Additional terms and conditions that apply to you based on the mobile device the Application is installed on:

iOS – Apple

1. These Terms of Use are an agreement between you and TrustTrade, and not with Apple. Apple is not responsible for the Application and the content thereof.
2. TrustTrade grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
4. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim.
5. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
6. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
7. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use, and, upon your acceptance, Apple as a third-party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

Android – Google

1. These Terms of Use are an agreement between you and TrustTrade, and not with Google. Google is not responsible for the Application and the content thereof.
2. TrustTrade grants you the right to use the Application only on an Android product that you own or control and as permitted by the Google Play Terms of Service.
3. Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
4. Google is not responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim.
5. Google is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
6. In the event of any failure of the Application to conform to any applicable warranty, you may notify Google, and Google will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the Application.

We hope you find TrustTrade to be a valuable platform for your needs. If you have any questions or concerns, please do not hesitate to contact us. Thank you for choosing TrustTrade as your trusted online marketplace.