1 WELCOME
Welcome to our Terms and Conditions our (“terms”). By accepting these terms,
you agree to act in accordance with the terms when you visit and or use any of
our services at the Brabys Marketplace website www.brabys.com/marketplace.com (the "site"). Our heading
references are for convenience purposes only and do not affect any of the
clauses in these terms that follow.
The Brabys Marketplace is powered by XAfricaMart.com and throughout the site, when we use “we”, “us” and or “our”, we mean the owner of XAfricaMart.com that is BRICS Africa Business Hub (Pty) Ltd that we refer to as “BABH”
These
terms apply to every user of the Brabys Marketplace, advertising, tools,
applications and other functions, our (“services”) available at the site.
When we say terms, we include our Privacy Policy that you can read
at this link.
These terms apply, without limit, to Browsers, Buyers, Sellers and/ or
contributors of content, (“users”).
Any new features, services or tools which are added to the current site shall
also be subject to these terms. You can review the most current version of the
terms at any time on this page. We reserve the right to update, change or
replace any part of these terms by posting updates and/or changes to our
website here. It is your responsibility to check this page periodically for
changes. Your continued use of or access to the website following the posting
of any changes constitutes acceptance of those changes.
Please read these terms carefully before accessing or using our website. By
accessing or using any part of the site, you agree to be bound by our terms. If
you do not agree to all the terms of this agreement, then please do not access
the website or use any services.
2 ELIGIBILITY
Persons under the age of eighteen (18) and persons previously suspended from
using this site or any other similar site shall not be allowed use of or and
access to this site.
3 REGISTRATION AND SERVICES
3.1 Upon registration, the site will issue the user with a user ID and password
to access the site and services. Passwords may be auto-generated for users or
chosen by users during registration. Each user is solely responsible for
maintaining the confidentiality of their password for all activities that occur
under the users email ID and password.
3.2 The user ID and password is unique to a single account. Users are
prohibited from sharing, assigning or permitting the use of their account, user
ID or password to any person/s outside of the user’s registered business. Each
user acknowledges that sharing of its account with other persons will cause
irreparable harm to BABH.
3.3 Each User indemnifies BABH and the site against any loss or damages,
including but not limited to loss of profits, suffered because of such multiple
use of an account and undertakes to notify BABH immediately of any unauthorized
use of its account, User ID or password or any other breach of security.
3.4 The availability of transactional features and or functions at the site, to
any user, may be conditional on verification of the user’s identity and/or its
designated bank account - by the site and/or BABH or BABH approved independent
third parties.
3.5 Each User agrees that BABH may incur loss and or damages arising from the
user’s failure to comply with these terms.
4 GLOBAL SERVICE VARIATIONS
Benefits, features and functions available to a user may vary for different
countries and regions. No warranty or representation is given that a particular
feature or function or the same type and extent of features and functions will
be available.
5 USE OF SITE
5.1 Users may only use this site to browse content, to upload and download
files for legitimate business purposes and to make legitimate communications
and purchases. Users shall not use this site for any other purposes, including
and without limitation, to make any illegal, speculative, false or fraudulent
communications, offers or purchases.
5.2 This site and the content provided in this site may not be copied,
reproduced, republished, uploaded, posted, transmitted or distributed.
'Deep-linking', 'embedding' or using analogous technology is strictly
prohibited. Unauthorized use of this site and/or the materials contained on
this site may violate applicable copyright, trademark or other intellectual
property laws or other laws.
5.3 Without limiting the foregoing, you agree that you will not use the Brabys
Marketplace to undertake any of the following actions or to display, upload,
modify, publish, distribute, disseminate, transmit, update or share any
information that:
5.3.1 Is grossly harmful, harassing, blasphemous defamatory, obscene,
pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or
racially, ethnically objectionable, disparaging, relating or encouraging money
laundering or gambling, or otherwise unlawful in any manner whatever; Infringes
any patent, trademark, copyright or other proprietary rights; contains viruses,
corrupted files, or any other similar software or programs that is designed to
interrupt, destroy or that may limit the functionality of any computer source
or that may damage or adversely affect the operation of another person’s
computer, its web-sites, any software or hardware, or telecommunications
equipment;
5.3.2 Is in the nature of promotional services, products, surveys, contests,
pyramid schemes, spam, unsolicited advertising or promotional materials, or
chain letters;
5.3.3 Falsifies or deletes any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or the source of
software or other material;
5.3.4 Violates any law for the time being in force;
5.3.5 Belongs to another person to which you do not have any right to
5.3.6 Interferes with or disrupt XAfricaMart or Brabys websites, servers, or
networks;
5.3.7 Impersonates any other person;
5.3.8 Harms minors in any way;
5.3.9 Forges headers or manipulate identifiers or other data in order to
disguise the origin of any content transmitted through its websites or to
manipulate your presence on its websites;
5.3.10 Engages in any illegal activities;
5.3.11 Threatens the unity, integrity, defense, security or sovereignty of
South Africa, friendly relations with foreign states, or public order, or
causes incitement to the commission of any cognizable offence, or prevents the
investigation of any offence or insults any other nation.
6 SELLER SERVICES AND OPERATIONS
6.1 Site Services
6.1.1 We provide the site as a Marketplace together with added value services.
Sellers can register to use the site and once their application is approved,
proceed to create a business profile and commerce-enabled product
advertisements on the site.
6.1.2 A Seller’s default services and benefits include:
* Tools to create and display product advertisements on the site
* Business matchmaking
* Automated orders and invoices and management tools
* Sales and financial reporting
* Integrated delivery services to Buyers.
6.1.3 Any sale resulting from the default services are subject to the
prevailing transaction fee that is deductible by TradeSafe from the VAT
exclusive sale price displayed.
6.1.4 Premium Services
6.1.4.1 Sellers can subscribe to receive online advertising exposure and other
premium service benefits by upgrading their Subscription on the site.
6.1.4.2 Subscribers can also purchase Product Promotion “Nudges”. A Nudge
instructs Brabys Marketplace to promote the Seller’s product link via email to
a consenting Buyer.
6.1.4.3 Services are charged for at displayed prices that may be amended from
time to time at BABH’s sole discretion.
6.2 Operations
6.2.1 A browser can search, assess and compare products and is required to
register as a user to purchase any product.
6.2.2 A transaction from any Brabys Marketplace product advertisement is a
contract of sale between the Seller and the Buyer. BABH is not liable for the
existence, quality, safety or legality of items displayed; the accuracy of
third party content or listings; or the Seller’s ability to sell items.
6.2.3 When a Buyer purchases a product on the site, Brabys Marketplace raises an
order for the Buyer and sends the order to the Seller for acceptance.
6.2.4 The Seller may either accept or decline the order. If the Seller declines
the order, the Buyer is advised. If the Seller accepts the order, Brabys
Marketplace raises an invoice, populated with the Seller’s details, against the
order and the Seller sends this to the Buyer.
6.2.5 The Buyer makes payment to the TradeSafe escrow account for the order
6.2.6 The Seller is then required to deliver the merchandise; or, to prepare
the order for collection by a carrier service for delivery to the Buyer.
6.2.7 The Buyer takes delivery and has two working days to inspect the
merchandise for suitability.
6.2.8 The Buyer then accepts release of payment to the Seller which instructs
TradeSafe to make payment directly to the Seller’s bank account.
7 USER / BUYER SERVICES AND OPERATIONS
7.1 Site Services
7.1.1 Browsers can search and compare product pricing, shipping and other
information. In order to purchase any product, a Browser is required to register
as a Buyer.
7.1.2 Every purchase made by a Buyer is a contract directly between the Buyer
and the Seller whose advertisement the Buyer responded to. BABH is not liable
for the existence, quality, safety or legality of a Seller’s items displayed; the
accuracy of third party content or listings; or the ability of Sellers to sell
items.
7.1.3 In using the Site, Buyers explicitly agree and acknowledge that Brabys
Marketplace makes available a variety of branded products and services offered
by multiple Sellers and Subscribers and that any purchase of any product is
subject to the Terms of Purchase, any such additional terms of sale, if any, as
may be specified by the Seller and, or agreed to by the Seller and the Buyer
and the TradeSafe Terms and Conditions.
7.2 Terms of Purchase
7.2.1 Brabys Marketplace is not a warrantor of the products/ services being
offered on the Site by various Sellers. Buyers understand that any issue or
disputes regarding the warranty, guarantee, quality, and service will be
addressed by the Buyer and the Seller and or with and between the Seller and
the manufacturer or representative agent or service provider as may be the
case. All Products are governed by the terms of warranties provided by the
respective Seller manufacturer and or brand or product owner. However, if any
product is covered under the Seller warranty, it shall be specifically
mentioned under the product details. Buyers acknowledge that Brabys Marketplace
gives no guarantee, either express or implied, regarding any product bought by you
on the Site.
7.2.2 The price of any product offered by any Seller /Subscriber on the Site
includes Value Added Tax at the ruling rate.
7.2.3 The Site may notify a Buyer of a free product delivery. Any free delivery
offer on the site is an offer by the Seller and does not constitute an offer of
free delivery by Brabys Marketplace.
7.2.4 Brabys Marketplace may at its discretion offer marketing promotion
benefits by way of gift coupons, free gifts etc. on all or some of the products
from time to time.
7.2.5 The Website makes available general third party information such as,
product catalogues, lists of authorized dealers and reports on technology and
features, advertisements, images and photographs of the products and other data
from external sources (“Third Party Content”). Similar Third Party Content
would also be available to Buyers on email received from Brabys Marketplace.
The provision of Third Party Content is for general informational purposes
only. Buyers acknowledge that the Third Party Content is obtained from sources
believed to be reliable. Brabys Marketplace does not provide any guarantee with
respect to any the Third Party Content and Brabys Marketplace shall not be held
liable for any loss suffered by you based on your reliance on or use of such
data.
7.3 Communications Policy
7.3.1 We are committed to providing the Buyer with a rewarding and stress-free
shopping service. Other services include:
7.3.1.1 Option to receive email with links to recommended products – based on
provided category purchase interests.
7.3.1.2 Option to receive other offers, discounts and relevant
information.
7.3.1.2.1 Buyers who do not wish to receive such information have the
explicitly opportunity to decline these services at our site.
7.4 Notices
7.4.1 Brabys Marketplace may provide notices and communications by email,
regular mail or postings on the Site or by any other reasonable means.
7.5 Your Obligations as a Buyer
7.5.1 You shall be solely responsible for the confidentiality, safety and
security of the Password. You shall be the sole owner of the Password and shall
be responsible for the consequences arising out of disclosure of the Password
and/or the unauthorized use of Brabys Marketplace password. In case the
Password is lost or misplaced, you shall promptly inform Brabys Marketplace by
calling the Support number from the Contact us page of the Brabys Marketplace
website whereafter the Password will be barred and a new Password will be
issued to you after necessary validation.
7.5.2 You are solely responsibly to update any change in your
delivery address
7.5.3 You acknowledge and understand that Brabys Marketplace account is linked
to your mobile phone number and you shall be solely responsible for any
liability arising out of the loss/ theft / misuse of the mobile phone number or
deactivation of mobile connection by the concerned telecom service provider, in
respect of the Services.
7.6 Additional Terms
7.6.1 When you purchase goods, or any services from a Seller through any of Brabys
Marketplace’s Services, you understand and agree that, Brabys Marketplace is
not a party to the contract between you and the Seller. Brabys Marketplace does
not endorse any advertiser or Seller linked to its website. Furthermore, Brabys
Marketplace is under no obligation to monitor the Seller service used by you;
the Seller alone is and will be responsible for obligations under the contract
including (without limitation) warranties or guarantees. Any dispute with or
complaint against any Seller Establishment must be directly resolved by the
Buyer with the Seller It is clarified that Brabys Marketplace shall not be
responsible or liable for any deficiency in goods and/or services. This
exclusion of liability shall apply even for goods and/or services made
available by Brabys Marketplace under promotional schemes. You are instructed
to satisfy yourself regarding the quality, quantity and fitness of any good
and/or service before purchasing the same whereby:
Any amount transferred erroneously by the Buyer to any Seller shall not be
refunded to the Buyer by Brabys Marketplace in any circumstances.
7.6.2 Any web-link on the Brabys Marketplace Site to a third party site is not
an endorsement of that web-link. By using or browsing any such other web-link,
you shall be subject to the terms and conditions in each such web-link.
7.6.3 In the event of any dispute, TradeSafe records shall be binding as the
conclusive evidence of the Transactions carried out through use of Brabys
Marketplace.
7.7 Product Acceptance
7.7.1 Before accepting delivery of any product, you are responsible to ensure
that the product’s packaging is not damaged or tampered with. If you observe
that the package is damaged or has been tampered with, we request that you
immediately enter into Dispute with the Seller.
7.7.2 In order to return any products sold through the Website, you are
required to comply with the below mentioned conditions:
7.7.2.1 Please notify the Seller of receipt of a damaged/ defective
product/service within 48-hours of delivery to you. If you are unable to do so
within 48-hours, the Seller/manufacturer shall not be held liable for the
failure to replace the order;
7.7.2.2 Products should be returned in their original packaging along with the
original price tags, labels, barcodes, user manual, warranty card and invoices
etc.;
7.7.2.3 It is advised that the return packets should be strongly and adequately
packaged so that there is no further damage of products during transit;
7.8 Cancellation
7.8.1 There may be certain orders that Sellers are unwilling or unable to
accept and or service and these may need to be refused or cancelled. Some
situations that may result in your order being cancelled include,
non-availability of the product or quantities ordered by you, non-availability
of the delivery service to the address to which product is required to be
shipped, inaccuracies or errors in pricing information specified by our Seller
partners, or problems identified by Brabys Marketplace’s credit and fraud
avoidance department. Brabys Marketplace may also require additional
verifications or information before accepting any order. Brabys Marketplace
will contact you if all or any portion of your order is cancelled or if
additional information is required to accept your order. If your order is
cancelled after your credit card or bank account has been charged, the said
amount will remain in your e-Wallet reflected as purchase credits. A
promo code, once used shall not be refunded in case of the cancellation of
order either by Buyer or Brabys Marketplace.
7.8.2 Cancellation by User
7.8.2.1 In case of requests for order cancellations, The Seller reserves the
right to accept or reject requests for order cancellations for any reason
whatsoever. As part of usual business practice, if Brabys Marketplace receives
a cancellation notice and the order has not been accepted by the Seller, Brabys
Marketplace shall cancel the order and refund the entire amount to you
instantly. Brabys Marketplace will not be able to cancel orders that have
already been accepted and processed. Brabys Marketplace has the full right to
decide whether an order has been processed or not. You agree not to dispute the
decision made by Brabys Marketplace and accept Brabys Marketplace’s decision
regarding the cancellation. In cases where it is not possible to cancel orders
since they have already been shipped, any refund is subject to the sites
“Dispute Resolution” process on the Site where you are encouraged to resolve
the dispute with the Seller.
7.8.2.2 AfricaMart reserves the right to cancel any orders that classify as
‘Questionable Orders’ as determined by Brabys Marketplace as per certain
criteria. Any Brabys Marketplace Promotional Coupon Code used for placing a
‘Questionable Order’ will not be refunded as per this cancellation policy. An
order can be classified as a ‘Questionable Order’ if it meets with the below
mentioned criteria, which may not be exhaustive;
7.8.2.2.1 Invalid address given in order details
7.8.2.2.2 Any malpractice used to place the order
7.9 Delivery of Merchandise
7.10 Multiple Orders
If you purchase multiple products in single transaction from the same Seller,
then all the Products will be dispatched to a single shipping address given by
you. If you wish to ship Products to different addresses, then you should book
the orders separately based on the delivery addresses.
7.11 Fees
Brabys Marketplace reserves the right to charge and recover from the User, any
applicable fees for use of the Services. These charges shall be effective from
the time they are posted on to the Brabys Marketplace Website. You are bound by
such revisions and should therefore visit the Brabys Marketplace Website to
review the current fees from time to time. In the event that you stop or seek a
reversal of the Payment Instructions as may have been submitted, Brabys
Marketplace shall be entitled to charge and recover from you and you shall be
liable to pay such charges for the Service as may be decided by Brabys
Marketplace. These charges shall be charged to your e Wallet or in any other
manner as may be decided by us.
7.12 Site Variation
Specific features of the Site may differ. These can include:
The number of products that Sellers make available at the Service can
differ
The modes/devices over which the Service can be accessed can differ
The Prices can differ
Discounts can differ and
Delivery fees can differ
Specific details related to these aspects are available at the Seller and Buyer
Portal and at Check Out.
7.13 Coupon Redemption
Coupon redemption is subject to the Seller’s standard and specified terms and
conditions.
Coupons are issued on behalf of the respective Seller and any damages,
injuries, losses incurred by the end user by using the coupon is not the
responsibility of Brabys Marketplace.
8 LIMITATION OF LIABILITY AND DAMAGES
In no event will Brabys Marketplace or its contractors, agents, licensors,
partners, suppliers be liable to you for any special, indirect, incidental,
consequential, punitive, reliance, or exemplary damages (including without
limitation lost business opportunities, lost revenues, or loss of anticipated
profits or any other pecuniary or non-pecuniary loss or damage of any nature
whatsoever) arising out of or relating to (i) this agreement, (ii) the
services, the site or any reference site, or (iii) your use or inability to use
the services, the site (including any and all materials) or any reference
sites, even if Brabys Marketplace or a Brabys Marketplace authorized
representative has been advised of the possibility of such damages. In no event
will Brabys Marketplace or any of its contractors, directors, employees,
agents, third party partners, licensors or suppliers’ total liability to you
for all damages, liabilities, losses, and causes of action arising out of or
relating to (i) this Agreement, (ii) the Services, (iii) your use or inability
to use the Services or the Site (including any and all Materials) or any
Reference Sites, or (iv) any other interactions with Brabys Marketplace,
however caused and whether arising in contract, tort including negligence,
warranty or otherwise, exceed the amount paid by you, if any, for using the
portion of the Services or the Site giving rise to the cause of action or ZAR
One Hundred (ZAR.100), whichever is less. You acknowledge and agree that Brabys
Marketplace has offered its products and services, set its prices, and entered
into this agreement in reliance upon the warranty disclaimers and the
limitations of liability set forth herein, that the warranty disclaimers and
the limitations of liability set forth herein reflect a reasonable and fair
allocation of risk between you and Brabys Marketplace, and that the warranty
disclaimers and the limitations of liability set forth herein form an essential
basis of the bargain between you and Brabys Marketplace. Brabys Marketplace
would not be able to provide the services to you on an economically reasonable
basis without these limitations. Applicable law may not allow the limitation or
exclusion of liability or incidental or consequential damages, so the above
limitations or exclusions may not apply to you. In such cases, Brabys
Marketplace’s liability will be limited to the fullest extent permitted by applicable
law. This paragraph shall survive termination of this Agreement.
9 OWNERSHIP AND PROPRIETARY RIGHTS
The Brabys Marketplace site and services are owned and operated by the BRICS
Africa Business Hub (Pty) Ltd and/or our third party licensors. The visual interfaces,
graphics, design, compilation, information, source code and object code,
products, software, services, and all other elements of the Site and its
Services, provided by Brabys Marketplace, are protected by South African
copyright and trademark laws, international conventions, and all other relevant
intellectual property and proprietary rights, and applicable laws.
All logos, trademarks, service marks, and trade names; (“Material”) contained
on the Site are the property of Brabys Marketplace and or of a Seller
Subscriber, registered User, Supporter, Sponsor, Associate, Media Partner and
or Advertiser, collectively, (“Third Party”). You agree not to remove, obscure,
or alter any Brabys Marketplace or any Third Party’s copyright, patent,
trademark, or other proprietary rights notices affixed to or contained within
or accessed in conjunction with or through the Services. Except as expressly
authorized by Brabys Marketplace, and you agree not to sell, license,
distribute, copy, modify, publicly perform or display, transmit, publish, edit,
adapt, create derivative works from, or otherwise make unauthorized use of the
Material.
From time to time and at our sole discretion, we may add or modify, or suspend
our services for scheduled or unscheduled maintenance purposes. We can also suspend
our site or terminate all or any free benefits, at any time in our sole
discretion.
We reserve the right to charge for our services, including advertising features
or promotions on our site at any time. You confirm that we won’t be liable to
you or any third party for any modification of the site and that;
We can change these terms from time to time and your continued use of the site
or any part of it, following such change, is that you accept such. You agree
that it is your responsibility to check regularly and to determine whether the
terms have been changed. If you do not agree to any change to the terms, then
you must immediately stop using the site.
We will use our reasonable endeavors to maintain the site. You will not be
eligible for any compensation because you cannot use any part of the site or
because of a failure, suspension or withdrawal of all or part of the site due
to circumstances beyond our control.
10 RESTRICTIONS
Users cannot:
Misrepresent themselves or impersonate any other person or entity; or be part
of any scheme to defraud any other user or subscriber of this site;
infringe or encourage the infringement or violation of our copyrights, patents,
trademarks, trade secret or other proprietary right or rights of publicity and
privacy or other legitimate rights;
violate any applicable law, statute, ordinance or regulation; including without
limitation those governing export control, consumer protection, unfair
competition, anti-discrimination or false advertising;
display information that is defamatory, libelous, unlawfully threatening or
unlawfully harassing; obscene or contain or infer any pornography or
sex-related merchandising or any other content or otherwise promotes sexually
explicit materials or is otherwise harmful to minors or promote discrimination
based on race, sex, religion, nationality, disability, sexual orientation or
age;
display any material that constitutes unauthorized advertising or harassment;
including but not limited to spamming, invades anyone's privacy or encourages
conduct that would constitute a criminal offence, give rise to civil liability,
or otherwise violate any law or regulation;
attempt to copy, reproduce, exploit or expropriate the Sites various
proprietary directories, databases and listings;
participate in any scheme to undermine the integrity of the computer systems or
networks used by the site and/or any user of the site e and no person shall
attempt to gain unauthorized access to such computer systems or networks;
link directly or indirectly to or include descriptions of merchandise or
services or other materials that violate any law or regulation or that is
prohibited under this agreement and or terms or otherwise create any liability
for the site or its affiliates.
11 TERMINATION AND AGREEMENT VIOLATIONS
Brabys Marketplace, in its sole discretion, for any or no reason, and without
penalty, may suspend or terminate a user’s account (or any part thereof) or use
of the Services and remove and discard all or any part of the user’s account,
user profile, or recipient profile, at any time. Brabys Marketplace may also in
its sole discretion and at any time discontinue providing access to the
Services, or any part thereof, with or without notice. You agree that any
termination of your access to the Services or any account you may have or
portion thereof may be effected without prior notice, and you agree that Brabys
Marketplace will not be liable to you or any third party for any such
termination. Any suspected fraudulent, abusive or illegal activity may be
referred to appropriate law enforcement authorities. These remedies are in
addition to any other remedies Brabys Marketplace may have at law or in equity.
Upon termination for any reason, users are immediately prohibited from using
the Services.
12 DATA INTEGRITY
While the Site makes no warranties with regard to the accuracy, completeness of
any information, BABH does take reasonable steps to ensure that data is
reliable, accurate, complete and current and that personal information is
relevant for the purposes for which it is to be used.
13 COOKIE/TRACKING TECHNOLOGY
The Site may use cookie and tracking technology depending on the features
offered. Cookie and tracking technology are useful for gathering information
such as browser type and operating system, tracking the number of visitors to
the Site, and understanding how visitors use the Site. Cookies can also help
customize the Site for visitors. Personal information cannot be collected via
cookies and other tracking technology; however, if you previously provided
personally identifiable information, cookies may be tied to such information.
Aggregate cookie and tracking information may be shared with third parties.
14 THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide links to
other websites or resources. You acknowledge and agree that we are not
responsible for the availability of such external sites or resources, and do
not endorse and are not responsible or liable, directly or indirectly, for the
privacy practices or the content (including misrepresentative or defamatory
content) of such websites, including (without limitation) any advertising,
products or other materials or services on or available from such websites or
resources, nor for any damage, loss or offence caused or alleged to be caused
by, or in connection with, the use of or reliance on any such content, goods or
services available on such external sites or resources.
15 CONSENT TO ELECTRONIC
COMMUNICATIONS AND TRANSACTIONS
By registering to use the Site, below, you consent to conduct transactions and
receive communications, notices and information from us electronically, whether
sent by e-mail or other electronic means. Electronic communications shall be
deemed to have been received by you when we send the electronic communication
to the email address/mobile number that as per our records, or when We post the
electronic communication on the Brabys Marketplace Site. The requirements for
such electronic transactions and communications are as follows: you must have
access to the Internet, web applications and a valid e-mail address. You can
withdraw your consent at any time by contacting us, but we reserve the right to
terminate your account upon such withdrawal. Withdrawal of your consent will
not affect the legal validity and enforceability of any notice, statement or
disclosure previously received electronically. You agree to notify us promptly
if your email address or other contact information changes by updating your
account information or contacting us.
16 DISCLOSURE OF OUTLET COUNTRY AT
TIME OF PAYMENT
South Africa – First National Bank
17 PAYMENT OPTIONS AND PRICING
All Seller upgrade transactions are processed in South African Rand (ZAR)
through Sage Pay (Pty) Ltd - a sub-division of The Sage Group. Visit
www.sage.com. Payment options include credit card, iPay, Bank EFT, Instant EFT,
Retail and MasterPass. BABH endeavors to offer you competitive prices on our
products; your total order price will include the price of the purchase plus
any applicable sales tax. BABH reserves the right to change pricing at any time
without prior notice.
18 SECURITY POLICY
Sage Pay (Pty) Ltd processes all credit card transactions. All credit card
transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company
registration documents and the site's registered domain name are checked and
verified by DigiCert, ensuring the cardholder and Seller that nobody can
impersonate Sage Pay to obtain confidential information.
All encryption complies with international standards. Encryption is used to
protect the transmission of personal information when completing online
transactions and Sage Pay Internet servers are protected by firewalls and
intrusion detection systems.
19 MONITORING
We have the right, but not the obligation, to monitor any activity and content
associated with the Site. We may investigate any reported violation of these
Conditions or complaints and take any action that we deem appropriate that may
include, but is not limited to, issuing warnings, suspending, terminating or
attaching conditions to your access and/or removing any content from the Site.
20 GOVERNING LAW AND FORUM FOR
DISPUTES
These Terms and Conditions will be exclusively governed by and construed in
accordance with the laws of South Africa whose Courts will have exclusive jurisdiction.
You agree that any claim or dispute you may have against Brabys Marketplace
must be resolved by a court located in Johannesburg, South Africa. You agree to
submit to the jurisdiction of the courts located within Johannesburg, South
Africa for the purpose of litigating all such claims or disputes. This
Agreement shall be governed by the laws of South Africa, without giving effect
to any principles of conflicts of law.
21 UPDATING THESE TERMS AND
CONDITIONS
We reserve the right to change, modify, add to or remove from portions or the
whole of these Terms and Conditions from time to time. Changes to these Terms
and Conditions will become effective upon such changes being posted to this
Site. It is the User's obligation to periodically check these Terms and
Conditions at the Site for changes or updates. The User's continued use of this
Site following the posting of changes or updates will be considered notice of
the User's acceptance to abide by and be bound by these Terms and Conditions,
including such changes or updates.
22 INTELLECTUAL PROPERTY
All design and trademarks registered to Sellers, Advertisers and Site Users are
expressly reserved and protected. XAfricaMart, Brabys Marketplace and our
licensors, own all right, title and interest, including, but not limited to all
copyright, trademark, patent, trade secret or other proprietary rights (“IP
Rights”), in and to the Site, the Platform and the Usage Data. You shall not
reproduce, distribute, transmit, modify, create derivative works, display,
perform or otherwise use the Site, or any of the designs, trademarks or IP
Rights, or attempt to reverse engineer, decompile, disassemble, or derive the
source code for the site to create a competing product. Brabys Marketplace is powered
by BRICS Africa Business Hub (Pty) Ltd. Unauthorized use is strictly prohibited
and should you be found to be in violation of this Agreement you understand
that you will be held liable for all legal costs incurred by BABH for any civil
or any other legal action deemed necessary. All rights are expressly reserved
to XAfricaMart and AC Braby.
Contact Details
BRICS Africa Business Hub (Pty) Ltd
Physical address: 134 River Road, Kyalami, Johannesburg
Postal address: P O Box 69545, Bryanston 2021
Support: service@XAfricaMart.com
Phone number Tel: +27 (0) 11 2670535
Fax number Fax: +27 (0) 86 510 0062
A copy of the ECT Act is available at http://www.polity.org.za/pol/acts/2002
© XAfricaMart 2016 | Terms & Conditions of Use
23 SEVERABILITY
If any provision of this Agreement is held to be unlawful, void, invalid or
otherwise unenforceable, then that provision will be limited or eliminated from
this Agreement to the minimum extent required, and the remaining provisions
will remain valid and enforceable.
24 ASSIGNMENT
This Agreement, and any rights granted hereunder, may not be transferred or
assigned by you without our prior written consent which may be withheld in our
sole discretion, but may be assigned by us without restriction. Any assignment
attempted to be made in violation of this provision shall be void and of no effect.
25 INDEMNIFICATION
You agree to indemnify, save, and hold XAfricaMart and AC Brabys, its
affiliates, contractors, employees, officers, directors, agents and its third
party suppliers, licensors, and partners harmless from any and all claims,
losses, damages, and liabilities, costs and expenses, including without
limitation legal fees and expenses, arising out of or related to your use or
misuse of the Services or of the Site, any violation by you of this Agreement,
or any breach of the representations, warranties, and covenants made by you
herein. XAfricaMart and AC Brabys reserve the right, at your expense, to assume
the exclusive defense and control of any matter for which you are required to
indemnify XAfricaMart and or AC Brabys, including rights to settle, and you
agree to cooperate with our defense and settlement of these claims. XAfricaMart
and AC Brabys will use reasonable efforts to notify you of any claim, action,
or proceeding brought by a third party that is subject to the foregoing
indemnification upon becoming aware of it. This paragraph shall survive
termination of this Agreement.
26 LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER BRICS AFRICA
BUSINESS HUB, NOR ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES OR ANY RELATED PARTY SHALL HAVE ANY LIABILITY TO USERS OR TO ANY
THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR
ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR RELATING TO THESE TERMS, THE
SITE OR THE OFFERINGS, EVEN IF ANY OF SAID PARTIES HAD BEEN ADVISED OF, KNEW
OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU
FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER
LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, VIOLATION
OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE
LIMITED TO ZAR ONE HUNDRED (ZAR 100).
27 MODIFICATION OF THIS AGREEMENT
XAfricaMart and AC Brabys reserve the right to change, modify, add, or remove
portions of this Agreement (each, a “change”) at any time by posting
notification to the Site or otherwise communicating the notification to you.
The changes will become effective, and shall be deemed accepted by you, 24
hours after the initial posting and shall apply immediately on a going-forward
basis with respect to payment transactions initiated after the posting date. If
you do not agree with any such modification, your sole and exclusive remedy is
to terminate your use of the Services.
28 GENERAL
The Parties are independent contractors and nothing in these Terms shall be
deemed to create an agency or employment relationship, a franchisor-franchisee
relationship, joint venture or partnership. These Terms constitute the entire
agreement between you and us regarding its subject matter and supersede all
prior agreements between the parties, whether written or oral, with respect to
that subject matter. Should any provision of these Terms be deemed
unenforceable or invalid, the other provisions of these Terms shall remain in
full force and effect. You cannot assign the Terms or delegate your obligations
under these Terms without the express written consent of Brabys Marketplace.
The prevailing party in any action relating to these Terms shall be entitled to
recover its reasonable legal fees, costs and disbursements incurred in
connection therewith from the non- prevailing party.
XAfricaMart reserves all rights not expressly granted in this Agreement. If you
have comments regarding the Services and the Site or ideas on how to improve
it, please contact Buyer service. Please note that by doing so, you hereby
irrevocably assign to XAfricaMart and the Brabys Marketplace, and shall assign
to XAfricaMart and the Brabys Marketplace, all right, title and interest in and
to all ideas and suggestions and any and all worldwide intellectual property
rights associated therewith. You agree to perform such acts and execute such
documents as may be reasonably necessary to perfect the foregoing rights.
29 ENTIRE AGREEMENT
This is the entire agreement between you and Brabys Marketplace relating to the
subject matter hereof and will not be modified except in writing, signed by
both parties, or by a change to this Agreement made by XAfricaMart in
accordance with the terms of this Agreement.
30 CHOICE OF LAW
This Website is controlled, operated and administered by Provider from its
offices within the Republic of South Africa. Access to the Website from
territories or countries where the Content or purchase of the products sold on
the Website is illegal is prohibited. The User may not use this Website in
violation of South African export laws and regulations. If the User accesses
this Website from locations outside of South Africa, that User is responsible
for compliance with all local laws. These Terms and Conditions shall be
governed by the laws of the Republic of South Africa, and the User consents to
the jurisdiction of the High Court Of South Africa, Gauteng Local Division,
Johannesburg in the event of any dispute. If any of the provisions of these
Terms and Conditions are found by a court of competent jurisdiction to be
invalid or unenforceable, that provision shall be enforced to the maximum
extent permissible so as to give effect to the intent of these Terms and
Conditions, and the remainder of these Terms and Conditions shall continue in
full force and effect. These Terms and Conditions constitute the entire
agreement between the Provider and the User with regard to the use of the
Content and this Website.