Terms of Use

By using this website, you agree to the Terms of Service outlined below. These Terms, together with the TradeSafe User Agreement, Billing Statement, Listing Policy, Shipping Terms of Service, and Store Terms of Service (the “Annexures”), constitute this Agreement.

This Agreement is a binding agreement between you and Trusty Tech. It governs your sale and purchase of goods and services on this platform. Please read it carefully. If you are unsure or disagree with any part of these Terms or the Annexures, do not accept them.

We will not provide services to you until you accept this Agreement by clicking the “I Accept” button during registration.

By entering your personal data on this site to create a record, register with Trusty Tech, make a sale or purchase, participate in an auction, or accept this Agreement, you consent to Trusty Tech handling your personal data in compliance with the Protection of Personal Information Act.

Part 1: Definitions

  • “Agreement”: This agreement, the TradeSafe User Agreement, the Billing Statement, the Listing Policy, the Privacy Statement, the Shipping Terms of Service, and the Store Terms of Service (the “Annexures”).
  • “Trusty Tech Guidelines”: Rules provided by Trusty Tech governing the sale, purchase, and listing of goods and services on this website.
  • “TradeSafe”: The secure online escrow and paymaster service provided by Trade-Safe Holdings (Pty) Ltd t/a TradeSafe Escrow (registration number 2013/170109/07), used by Trusty Tech to manage funds between Buyers and Sellers.
  • “Buyer”: An individual, company, or entity that bids on or purchases goods or services listed on this website.
  • “Buy Now Item”: An item with a specified Buy Now Price that allows a Buyer to immediately purchase the item at the stated price.
  • “Buy Now Price”: The price set by the Seller for an item listed as a Buy Now Item.
  • “Confirmation Notice”: The notification as defined in Clause 10.1.
  • “Fees”: Charges levied by Trusty Tech as outlined in the Billing Statement.
  • “Final Order Value”: The total of the item sale value plus any applicable shipping charges or additional fees.
  • “Indemnified Party”: Trusty Tech, its officers, employees, contractors, consultants, agents, affiliates, and any associated entities, along with their respective representatives.
  • “Intellectual Property Rights”: Rights related to intellectual property, including copyrights, patents, trademarks (registered and unregistered), industrial designs, and trade secrets.
  • “Item Sale Value”: The total value of items in an order, excluding shipping charges or duties.
  • “Listing”: The act of making an item available for sale on the Trusty Tech platform.
  • “Personal Information”: Information you provide to us while using this website, including:
    • Your name, address, phone number, and email.
    • Your payment information, such as credit card details.
    • Your company name and VAT number (if applicable).
    • Details about your activity on this website, such as items listed or purchased.
    • Identity verification information for security purposes.
  • “Seller”: An individual, company, or entity listing items for sale on this website.
  • “Services”: The platform’s auction, Buy Now, and classified services that allow Sellers to list and Buyers to purchase goods.
  • “Site” or “Website”: The Trusty Tech platform, currently available at www.trustytech.co.za.
  • “Standard Auction”: An auction conducted according to Clause 6.
  • “Trade” or “Trading”: Any activity on the platform, including auctions, Buy Now items, and classified listings.
  • “Total Order Payment”: The total payments allocated to an order, excluding refunds or reversed payments.
  • “User” or “Users”: Any Buyer, Seller, or individual using the platform.
  • “VAT”: Value Added Tax or any similar consumption tax.
  • “We”, “Us”, “Our”, “Trusty Tech”: Refers to Trusty Tech and its affiliates.
  • “You” or “Your”: Refers to the individual or entity using the platform as a Buyer, Seller, or otherwise.

Part 2: Auction Terms and Conditions

1. Trading on this Site

As we are not directly involved in the purchase or sale of any goods or services on this website, but only provide the platform for auctions as stipulated in Clauses 10.1 and 10.3, you hereby agree and acknowledge that we:

1.1.1 Are not, nor do we represent ourselves as, the manufacturer or agent of any manufacturer or salesperson of any item offered for sale on this platform.

1.1.2 Have no control over the circumstances as described in Clause 4.6 and do not represent or hold ourselves out as having any control over any of them.

1.1.3 Have no control whatsoever over whether the goods and services listed for sale on this Site are legally allowed to be sold and do not represent or hold ourselves out as having any control over this.

1.1.4 Cannot guarantee the accuracy of the descriptions of any goods or services on this Site, nor do we represent or warrant that they will be accurate.

1.1.5 Have no control over, and make no representations or warranties that, a Seller or Buyer will fulfill their respective sale and purchase obligations.

1.1.6 Cannot and do not guarantee that a Buyer will pay for the goods or services for which they have successfully bid in an auction on this Site.

1.1.7 Cannot and do not have control over, nor do we represent or warrant, that any goods or services will be delivered to a Buyer by a Seller.

1.1.8 Cannot and do not represent or warrant that we will be able to verify the identities of all Buyers and Sellers using the platform.

1.1.9 Cannot, and do not represent or warrant, that we will exercise practical control over feedback, comments, or ratings provided about you in accordance with the Rating Systems Rules.

1.1.10 Despite any credit checks we may have conducted, we cannot and do not confirm details related to credit cards provided by Buyers or Sellers, including but not limited to:

1.1.10.1 The accuracy of credit card information.

1.1.10.2 Whether the credit limit has been exceeded.

1.1.10.3 Whether the credit card has been reported stolen.

1.1.10.4 Whether the Buyer or Seller has permission to use the credit card.

1.1.10.5 Whether the credit card is being used lawfully.

1.1.11 Trusty Tech will not directly be involved in disputes between Buyers and Sellers. All disputes will be handled by TradeSafe (Pty) Ltd as stipulated in their agreement.

1.1.12 We do not represent the Seller or Buyer in making offers, placing items on auction, accepting offers, or finalizing bids.

2. Provision of Services

2.1 We will provide you with the Services as described on this Site.

2.2 We will issue you a username and password to log in unless you sign up using your own login details.

2.3 We reserve the right to change or modify your username and password at any time, with prior notification where possible.

2.4 To access this Site, you must provide all necessary equipment, network connections, and software.

2.5 Trusty Tech may limit or discontinue its services to you at any time, at its sole discretion, without explanation.

3. Fees

3.1 Registering or bidding on items is free. Fees may apply upon successful purchase or sale, as detailed in the Billing Statement.

3.2 Your Trusty Tech account will incur a Success Fee upon selling items. Acceptance of this fee structure is required to use the Services.

3.3 We reserve the right to change our fee structure, billing policies, and credit regulations at any time, with immediate effect.

3.4 Promotional events may temporarily alter fees. Changes for such events will be advertised and valid for specified periods.

3.5 We may discontinue or modify Services at any time. New Service fees will apply from the time of launch unless otherwise stated.

3.6 All fees are quoted in South African Rands and exclude VAT unless otherwise specified.

3.7 Payment of fees grants the right to list items but does not transfer ownership of website pages, which remain Trusty Tech’s property.

3.8 A R500 administration fee may apply to restricted, disabled, or blacklisted accounts.

4. Seller

4.1 You may list the items and services you want to sell on the Site, subject to this Clause 4 and Clause 9.

4.2 You consent to us or our designated agent conducting any necessary credit and/or identity verification checks on you and/or your credit card.

4.3 If you fail to comply with Clause 4.2, we may prevent you from participating in any auction on this Site or using the Services, in addition to any other rights we may have under this Agreement.

4.4 By doing so, you promise and warrant to the Buyer of those goods and services, as well as to us separately, that:

4.4.1 Your information:

4.4.1.1 is true and not deceiving, misleading, or dishonest;

4.4.1.2 does not infringe on any third-party intellectual property rights;

4.4.1.3 is created in accordance with all applicable laws, rules, and guidelines;

4.4.1.4 is not forged, threatening, or abusive in any way, and does not constitute harassment;

4.4.1.5 does not contain confidential information or trade secrets of a third party unless the owner of the third party has given you permission to do so;

4.4.1.6 is free of viruses, worms, trojan horses, and other malicious programs or data;

4.4.1.7 will not defame (libel or slander) any person, or transmit any false or inaccurate information, whether personal or commercial;

4.4.1.8 contains no child pornography, bestiality, or other vulgar or offensive content;

4.4.2 You are the legal owner of the goods and services you are offering for sale on this Site, and you have the legal power to complete the transaction and transfer title to the successful Buyer;

4.4.3 You will not provide descriptions or hyperlinks to goods and services that you are not selling on this Site;

4.4.4 If a Buyer who is a dealer under the Second-Hand Goods Act requests information to complete their register, you agree not to withhold the requested information needlessly;

4.4.5 You will comply with the Listing Policy.

4.5 You represent and warrant to both us and the Buyer that your information will be kept up to date, and you will update your account/profile and any other information as needed.

4.6 You represent and warrant to us and separately to the successful Buyer, in addition to Clauses 4.4 and 4.5, that:

4.6.1 The goods and services you offer for sale and sell on this Site:

4.6.1.1 are reasonably fit for the purpose for which goods of that kind are commonly bought, considering their description and price;

4.6.1.2 correspond with the description that you have posted on this Site;

4.6.1.3 if sold in bulk, correspond with any samples;

4.6.1.4 are free of any charge or encumbrance that would prevent ownership transfer to the Buyer;

4.6.2 The services you offer for sale, and sell, on this Site:

4.6.2.1 will be completed with the utmost care and expertise;

4.6.2.2 include materials that are fit for their intended purpose;

4.6.2.3 meet any specific purpose or desired result disclosed by the Buyer;

4.6.3 The goods and/or services you offer for sale and sell on this Site:

4.6.3.1 comply with the laws of the Republic of South Africa, including the Consumer Protection Act (effective 1 April 2011);

4.6.3.2 are legally permitted to be sold and do not violate any law.

4.7 The Seller may set a reserve or minimum price for goods and services, but it must not be disclosed in the information provided about the items.

4.8 The Seller must outline terms and conditions for sale in the information provided, including:

4.8.1 Whether the auction is a Standard Auction, Buy Now Item, or a combination of these;

4.8.2 Minimum bid increments;

4.8.3 Buy Now Price (if applicable);

4.8.4 Date and time of opening and closing of the auction;

4.8.5 Payment terms;

4.8.6 Terms of delivery;

4.8.7 Returns policy;

4.8.8 Taxes, levies, and expenses payable by the Buyer (including VAT and customs fees);

4.8.9 Unless otherwise noted, all values are expressed in South African Rands;

4.8.10 If this is a private sale, both Buy Now and auction prices will be considered VAT-free.

4.9 The payment-processing fee for payments made with a TradeSafe Credit Card is included in the success fee and final order value fee. Costs owed will be deducted from payments received by the Seller.

4.10 If a transaction is reversed, you will owe Trusty Tech the amount of the reversal plus any associated costs imposed by TradeSafe.

5. Buyer

5.1 You promise and warrant to each Seller, as well as to us individually, that:

5.1.1 Your information:

5.1.1.1 is true, not misleading, deceitful, or fraudulent;

5.1.1.2 complies with applicable laws, rules, and recommendations;

5.1.1.3 is free of viruses or malicious programs;

5.1.1.4 does not defame any person or entity;

5.1.1.5 will be kept up to date with necessary changes made as needed.

5.1.2 You have the legal authority to purchase items and will not violate laws in doing so.

5.1.3 You will not bid on items you cannot pay for.

5.1.4 Items or services purchased are done so entirely at your own risk.

5.1.5 The Seller may exclude terms or warranties relating to goods or services to the extent permitted by law.

5.1.6 If purchasing items under the Second-Hand Goods Act, you have obtained relevant information from the Seller.

5.1.7 For adult goods and services, you ensure you have the legal authority to purchase them.

6. Conduct of Auction

6.1 The following are the guidelines for running auctions on this website:

6.1.1 You may not use bid manipulation to unduly influence others to make bids or manipulate the bid price.

6.1.2 No bids below the indicated minimum price (if there is one) will be accepted.

6.1.3 If the highest bidder does not meet the reserve price (if one exists), no bid will be considered successful.

6.1.4 If requested, a Buyer must provide valid credit card information to us immediately before placing their first bid, if they have not already done so in accordance with Clause 8.

6.1.5 After an auction closes, all bids are final and non-reversible by the Buyer, and a Buyer shall be deemed the successful bidder in the following order:

6.1.5.1 If the Seller is satisfied with the current winning bid, the auction may be closed early.

6.1.5.2 The first bidder who submitted a bid at the Buy Now Price in the case of a Buy Now Item.

6.1.5.3 The highest-bidding Buyer.

6.1.5.4 The Buyer who bid the highest price for the largest quantity of products or services.

6.1.5.5 The first Buyer who bid the highest price for the largest quantity of products or services.

6.1.6 If the Buyer is a successful bidder as determined by Clause 6.1.5, and their bid is accepted, or deemed to be accepted, by the Seller, the Buyer must complete the purchase of the goods or services within 24 hours or lose the right to the product, except in the following exceptional circumstances:

6.1.6.1 Following the start of bidding, the description of the goods or services is significantly amended.

6.1.7 Bid deletion by a Seller is not allowed without a valid reason or without Trusty Tech’s consent, unless the bidder requests it in accordance with the Consumer Protection Act, in which case bids must be removed before the auction closes.

6.1.8 If a Seller receives a bid equal to or greater than the stated minimum price, or the reserve price in a reserve auction, the Seller must accept that bid or the highest bid (if there are multiple bids) and complete the sale of the goods or services to that Buyer, unless there are exceptional circumstances such as the following:

6.1.8.1 The Buyer does not complete the purchase of the goods or services (e.g., the Buyer fails to pay).

7. Ratings, Comments, and Feedback

7.1 You agree that feedback, comments, and ratings about you may be shared as outlined in the Rating Standard as a condition of using the Services. Please do not accept these terms and conditions if you do not agree to this condition.

7.2 Users should rate each other according to the guidelines outlined in the Rating Standard portion of this Agreement.

7.3 If you believe a statement made about you is inaccurate, misleading, deceptive, or defamatory (“Questionable Statement”), please contact our customer service department. We may (but are not obligated to) remove the Questionable Statement following an investigation.

7.4 We have complete discretion over whether or not to undertake an inquiry, and we will not be obligated to consider any representations in this regard.

8. Payment Details – Buyer

8.1 In addition to Clause 6.1.4, we reserve the right to request valid credit card or bank account information at any time, whether before or after bidding begins, or at any other time.

8.2 If you fail to comply with Clause 6.1.4 or 8.1, we may bar you from participating in any auction or using the Services until you provide the requested information.

8.3 By initiating and sending payment through TradeSafe, you agree that Trusty Tech may obtain the funds through various methods, such as debiting funds from your TradeSafe account. You retain ownership of these funds, but TradeSafe acts as your agent, and you will not be able to withdraw or send funds to anyone else unless the initial transaction is terminated.

8.4 By providing the requested payment details, you consent to Trusty Tech processing your personal information in line with the Protection of Personal Information Act.

8.5 You acknowledge that Trusty Tech is not a bank and the Service is a payment processing service, not a banking service. Trusty Tech is not acting as a trustee, fiduciary, or escrow with respect to your funds.

9. Trusty Tech Discretion

9.1 We reserve the right to change or remove any information, or to withdraw any products or services offered for sale by you, or a bid placed by you, at our sole discretion if:

9.1.1 That information or those goods or services:

9.1.1.1 Infringe or are suspected of infringing on someone’s intellectual property rights;

9.1.1.2 May expose us to any type of liability.

9.1.2 We are not satisfied that you are legally entitled to offer for sale or sell the products or services as described in Clause 4.6.

9.1.3 You have failed to comply with Clauses 3.2 or 4.2.

9.1.4 We suspect that a bid is not a legitimate or economically feasible offer for the products or services.

9.1.5 It is in our commercial interests to do so.

9.1.6 We are required to do so by law.

9.1.7 You violate this Agreement in any way.

9.1.8 For any other reason, and you irrevocably and unconditionally agree to waive any rights against us regarding any action taken under this Clause 9.

10. Completion of Sale and Purchase of Goods or Services

10.1 When an auction concludes, we will send an automatic email to the Seller and the successful Buyer, notifying them of the successful sale (if any) of any goods or services.

10.2 The Seller and the successful Buyer are fully responsible for the following matters upon receipt of the Confirmation Notice, including but not limited to:

10.2.1 Implementing the sale and purchase of the goods or services, including reaching an agreement on when the risk related to the goods or services is transferred to the Buyer and when title to the goods or services will be delivered to the Buyer.

10.2.2 Ensuring compliance with applicable laws in their respective jurisdictions with respect to completing the sale and purchase of the goods or services, including any formalities required under the Second-Hand Goods Act. If the Buyer and Seller are from different jurisdictions, the governing law of any resulting contract or agreement will be that of Gauteng, the Republic of South Africa.

10.2.3 Following the agreed-upon payment terms.

10.2.4 Arranging for any insurance coverage (if applicable) for the goods or services.

10.2.5 Agreeing on a delivery date for the goods or services, if applicable.

10.2.6 Paying all relevant taxes, levies, and charges (including, but not limited to, VAT, customs duties, and other import tariffs) associated with the sale and purchase of the goods or services.

10.3 We have no involvement in the sale or purchase of any goods or services beyond providing a platform for an auction, as outlined in Clauses 10.1. Consequently, we will not accept returns of any goods or services acquired on this Site, as we are not the Seller. All inquiries, including but not limited to those regarding defective goods or services, goods or services that are not fit for a particular purpose, or non-delivery of goods or services, must be directed to TradeSafe (Pty) Ltd. You can lodge your query via our website, and TradeSafe will take the appropriate action.

Part 3: General Terms and Conditions

11. Trusty Tech May Change These Terms and Conditions

11.1 We reserve the right to modify the terms of this Agreement at any time. If we do so, we will notify you by posting details of such modifications on this Site, which will take effect immediately.

11.2 By accepting this Agreement and any subsequent notices of changes, you agree to accept and be bound by any modifications made under this Clause 11. Your continued use of the Services after such modifications take effect in accordance with Clause 11.1 shall be deemed your acceptance of those changes.

12. Compliance with These Terms and Conditions

12.1 You agree to promptly notify us of any breach of this Agreement by you or any activity by another user that you believe may breach this Agreement, whether the conduct has ended, is ongoing, or may occur in the future.

12.2 You agree that if we suspect you are not complying with the terms of this Agreement, we may monitor your activity. If we do, we will keep your information private unless:

12.2.1 Doing so would or could expose us to criminal liability, a civil claim, or any other potential legal responsibility;

12.2.2 The law compels, mandates, or deems it prudent and necessary for us to disclose the information or documents we retain or are aware of; or

12.2.3 We believe that disclosure is required or desirable to protect or enforce our rights or interests.

12.3 We may issue you a warning if we suspect that you are not, or may be at risk of not, complying with any of the conditions of this Agreement, regardless of whether we have monitored your activity (although we are not obligated to do so).

12.4 If you:

12.4.1 Infringe or are accused of infringing on another person’s intellectual property rights;

12.4.2 Are suspected of, or found to have engaged in, fraudulent or criminal activity in connection with this Site or any other website, by conviction, settlement, investigation, or otherwise;

12.4.3 Owe money on your Trusty Tech account and it is past due; or

12.4.4 Breach this Agreement in any other way, we may, at our sole discretion:

12.4.4.1 Refuse to grant you access to any or all of the Services;

12.4.4.2 Delete or remove any or all of your information without incurring liability to you, and block inbound and outbound data or message exchanges;

12.4.4.3 Resume the Services only if and when you can demonstrate clear and consistent compliance with the conditions of this Agreement on a long-term basis; and

12.4.4.4 Terminate this Agreement and cancel our obligations to provide the Services if we are not satisfied that you will adhere to the conditions of this Agreement consistently and permanently.

13. Use of Site

13.1 In using this Site, you must not:

13.1.1 Copy, store, use, alter, modify, impair, interfere with, or attempt to tamper with, or disseminate software or other data illegally.

13.1.2 Access, copy, modify, remove, or impair the reliability, security, or operation of any data or files or other information stored in these systems or network resources, or attempt to access, copy, destroy, erase, or interfere with our files, data, and computer systems and network resources, or those of other users or any other person.

13.1.3 Interfere with or hinder the lawful use of, or otherwise cause unauthorized computer functions to our computer systems, those of other users, or any other person’s systems.

13.1.4 Sell, export, bid for, or import Prohibited Goods and Services.

13.1.5 Offer, sell, export, bid for, or import any goods or services if doing so violates any applicable legislation.

13.1.6 Engage in any practice or behavior prohibited by applicable laws.

13.1.7 Copy, change, or distribute our Site’s content, services, or tools, or Trusty Tech’s copyrights and trademarks.

13.1.8 Without Trusty Tech’s specific permission, harvest or collect information regarding users (including email addresses), trades listed, or sales activity on Trusty Tech.

13.2 Any links or references to other websites on this Site are provided solely for your convenience and do not imply that we endorse those websites, or the products and services offered on those websites.

13.3 The information and materials on this Site are created in compliance with the laws of the Republic of South Africa and intended for use only in South Africa. Use outside South Africa may violate the laws of other jurisdictions. We make no representation that the content complies with laws outside South Africa. If you use this Site from another location, you do so at your own risk and must ensure compliance with local laws.

13.4 Using Information About Other Trusty Tech Users

13.4.1 You agree to use user information only in accordance with applicable laws and for the following purposes:

– Trusty Tech-related transactions that are not unsolicited commercial communications.

– Utilizing Trusty Tech services.

– Other reasons explicitly agreed upon by the user.

13.4.2 You must respect other users’ privacy and provide them with access to your privacy and security policies. Users must have the option to opt out of your database and review the information you have collected about them.

13.5 Affiliate Terms and Conditions

13.5.1 You must not deceive or mislead others.

13.5.2 Spamming, indiscriminate advertising, unsolicited commercial email, cybersquatting, or typosquatting is prohibited.

13.5.3 You may not operate or link to a site that contains illegal, abusive, defamatory, obscene, or prohibited content, or promotes illegal goods or services.

13.5.4 Each Trusty Tech account is limited to one per user. Fraudulent accounts will result in removal from the Affiliate Program.

13.5.5 Referral links may not appear on Trusty Tech’s web pages.

13.5.6 No direct or indirect inducement for referral payments is allowed without explicit consent.

13.5.7 You must have a Trusty Tech user account and meet the following criteria:

– Be at least 18 years old.

– Possess a valid South African ID number and bank account.

13.5.8 You may not use Trusty Tech’s trademarks without prior consent, except through provided content.

13.5.9 Third-party advertising (e.g., Google Ads) is not permitted in the Affiliate Program.

13.5.10 You will not be compensated for referrals without using the correct tracking URL.

13.5.11 Referral payments apply only to Trusty Tech-captured referrals.

13.5.12 Affiliate payments are calculated monthly for transactions exceeding R250 and may require a valid invoice for payment.

13.5.13 Trusty Tech reserves the right to terminate the Affiliate Program with 30 days’ notice or revoke benefits if affiliates refer users of poor quality.

13.5.14 Violation of these terms may result in termination of affiliate membership without payment of outstanding amounts.

13.6 You agree to comply with all applicable laws when using this Site and when selling or purchasing products or services.

13.7 You undertake not to harass, intimidate, or threaten any Trusty Tech staff or users in any way. Failure to comply may result in account cancellation or restriction at Trusty Tech’s sole discretion.

14. Entering into this Agreement

14.1 You represent and warrant to us:

14.1.1 If you are an individual, that you are eighteen (18) years old or older, have full legal capacity, and are capable of entering into and completing your obligations under this Agreement.

14.1.2 If you are a juristic entity:

14.1.2.1 You have been lawfully incorporated and have received a certificate of commencement of business, as well as the authority to own and sell property.

14.1.2.2 This Agreement does not infringe on your constitutional rights.

14.1.2.3 You have the legal authority to enter into this Agreement, to authorize others to act on your behalf, and to perform your responsibilities under it, having taken all necessary corporate and other actions to do so.

14.2 Transactions in case of a minor

14.2.1 If you are under the age of 18 or are not legally entitled to enter into a binding and enforceable agreement, you may not register as a user or use Trusty Tech’s services unless you are under the supervision of, and have received the approval of, your parent, legal guardian, or spouse.

14.2.2 If your parent or legal guardian supervises you and grants their approval, that person agrees to be bound and liable for you and all your obligations under this Agreement.

14.2.3 Trusty Tech reserves the right to refuse service, suspend or terminate your account, or cancel orders if we determine, in our sole discretion, that you have failed to comply with these provisions or any other provisions of this Agreement, without prejudice to any other legal rights we may have.

14.2.4 We will assume that you were supervised by, and had the approval of, your parent, legal guardian, curator, or trustee when using our services. It is your responsibility to prove otherwise if that was not the case.

15. Licence of, and Use of, your Information

15.1 You grant us a non-exclusive, irrevocable, global, perpetual, royalty-free right to utilize your Intellectual Property Rights in your information, in any manner.

15.2 We agree to use your information only in line with the Privacy Statement provided below, subject to Clause 15.1. Please do not accept these terms and conditions if you do not agree with the Privacy Statement.

15.3 We also agree to process your personal information in accordance with the provisions of the Protection of Personal Information Act.

16. Privacy Statement

This privacy statement explains how TrustyTech.co.za handles personal information.

When collecting your personal information, we are committed to informing you of the following:

– When information is collected from another individual, the information being collected and the source from which it is collected.

– Our full name and mailing address.

– The reason the information is being collected.

– Whether it is mandatory or voluntary for you to provide information.

– The consequences of failing to provide the required information.

– Any specific statute authorizing or requiring the collection of information.

– Whether we intend to transfer the information to a third country or international organization, as well as the level of protection provided by the said third country or organization.

– Additional details, such as:

– The person who will receive the information or with whom it may be shared.

– The information’s nature and classification.

– Your right of access to the information, as well as the right to correct it.

– The right to object to your personal data being processed.

– The right to file a complaint with the Information Regulator, including their contact information.

If you have any questions or concerns regarding this statement, please contact Customer Support via email at support@trustytech.co.za.

16.1 Information Collection and Use

16.1.1 We collect information for specific, legitimate purposes linked to Trusty Tech’s operations. You agree that this information may be collected as a result of your use of the Site, including your participation in online trading services.

16.1.2 Information collected is solely owned by Trusty Tech and will not be sold, shared, or rented other than as outlined in this privacy statement.

16.1.3 We collect data at various points on the Site, including through bidding, purchasing, and selling activities. This may also include information from third-party interactions, such as emails and phone calls.

16.1.4 Financial information may also be collected for billing purposes or when users request additional services such as shipping or fulfillment.

16.2 Registration

16.2.1 Registration is required to access the Site. We collect personal details such as your name, address, email, and phone number, along with optional information to provide a tailored user experience.

16.2.2 For security and verification purposes, we may request additional documentation, such as identification, utility bills, or licenses.

16.3 Cookies

Cookies are small files stored on your device to enhance user experience. We use both session cookies, which expire when the browser is closed, and persistent cookies, which remain to track preferences.

16.4 Log Files

We collect log data, including IP addresses and browser details, to analyze trends, improve user experience, and support marketing efforts. This data is not linked to personal information.

16.5 Sharing

16.5.1 Information may be shared with other parties involved in a transaction, such as a buyer or seller, to fulfill the agreement.

16.5.2 We may disclose information in cases of non-compliance, suspected fraud, or as required under South African laws, including the Promotion of Access to Information Act.

16.6 External Links

Links to third-party websites are provided for convenience. We are not responsible for the privacy practices or content of these websites.

16.7 Newsletters and Updates

You may opt-in to receive newsletters. To unsubscribe, follow the instructions in the email or contact support@trustytech.co.za.

16.8 Security

We take reasonable measures to protect your data from unauthorized access or misuse. Sensitive information, such as payment details, is encrypted and securely stored.

16.9 Surveys and Contests

Participation in surveys or contests is voluntary. Information collected may include contact details and demographic data, used for notifying winners and improving the user experience.

16.10 Public Forums

Information shared in public forums becomes public. Proceed with caution when disclosing personal information in these areas.

16.11 Tell-A-Friend

Our referral program allows you to share our Site with others. We will only use the provided details for a one-time email invitation.

16.12 Supplementation of Information

We may complement user information with third-party data to enhance our services and fulfill commitments to customers.

16.13 Special Offers

We notify users about special offers and updates. Users can opt out at any time by following the provided instructions.

16.14 Correction/Updating Personal Information

Users may update or delete personal information through the member portal or by contacting us directly. Records may be retained for up to five years as required by law.

16.15 Anti-Spam Policy

Trusty Tech is committed to permission-based email marketing and prohibits unsolicited emails. Report spam to abuse@trustytech.co.za.

16.16 Notification of Changes

16.16.1 If our privacy statement changes, we will notify users via email or on our homepage.

16.16.2 Users may opt out of new uses of their information within 30 days of notification. Lack of response will imply acceptance of the changes.

Contacting Us

If you have any questions about this privacy statement, or about access to and protection of your personal information, this Site’s practices, or your dealings with us, please contact us at hello@trustytech.co.za.

Alternatively, you can visit our PAIA/POPI page, which contains information about access to and protection of your personal information.

17. User Traffic and its Content

17.1 While we will make every effort to ensure continuous access to this Site and to prevent and repair any disruptions or failures, we cannot and do not have control over the data, files, or other information that passes through our computer systems and network resources. As a result, you agree to:

17.1.1 be in charge of your data’s movement and storage through our computer systems and network resources;

17.1.2 accept full responsibility for all data, files, and other information you possess, send, or receive, and ensure you have sufficient backup copies available at all times;

17.1.3 not engage in any harassment, ‘electronic stalking,’ or ‘spam,’ whether through email or newsgroups;

17.1.4 respect and follow the conventions and rules that govern the use of newsgroups, lists, discussion forums (such as internet relay chat or similar channels), and networks, and not post messages or otherwise communicate inappropriately, or send unsolicited commercial or other messages;

17.1.5 acknowledge that, despite our best efforts, some content on this Site may contain material that you find inappropriate, offensive, inflammatory, or adult in nature, and that we do not condone such materials and disclaim any and all liability for their content.

17.2 We have no way of knowing if you have granted anyone access to your Trusty Tech account. As a result, you are solely liable for:

17.2.1 how and when you use your account with us; and

17.2.2 the activities of the people (if any) you authorize to access, transfer information through, or otherwise use the Services through this Site, our computer systems, and network resources (whether or not you have given them your login and password details).

18. Commercial Uses of Trusty Tech Services

18.1 We cannot and will not be held liable for any commercial activities you may conduct as the owner of any goods or services that you have decided to sell or buy as part of a business or profit-making activity using this Site, our computer systems, network resources, or the Services. Specifically:

18.1.1 If you, or those you authorize to use your account, use this Site, our computer systems, network resources, or the Services in any way to support a business or other profit-making activity, you do so entirely at your own risk; and

18.1.2 Commercial uses of the Services include advertising, credit card payment channels, direct-debit facilities, and electronic registration forms, all of which you must bear all risk.

18.2 You must never resell, trade, or barter your rights to use the Services to another person or persons, nor allow any third party to use the Services.

19. Relying Upon Trusty Tech’s Services

19.1 Whether you use the Services for personal or business purposes, or both, the quality and availability of our services is determined by a variety of circumstances over which we have no control and cannot seek to exert control. While we will make every effort to provide continuous access, in such an operational environment, disruptions and failures of this Site, any or all computer systems, network resources, and the Services are likely. Recognizing this, you agree to the following:

19.1.1 We cannot and do not guarantee, warrant, or otherwise imply that:

19.1.1.1 You will have unrestricted access to this Site or the Services; or

19.1.1.2 At any time, you will have unlimited access to all of the content available on the Site;

19.1.2 We cannot always guarantee that this Site, its computer systems, and network resources will be fully or continuously protected from unauthorized access by others, including viruses infecting data or other information, or data or other information being altered, misused, or stolen, or that any of these activities will be detected.

20. Disclaimer and Limitation of Liability

20.1 You agree that we will not be liable to you or any other person for any loss, damage, expense, or other amounts incurred, savings foregone, or hardship suffered by any person, however arising (including where the cause cannot be determined), or whether it arose directly or indirectly from any authorized or unauthorized use of, access to, reliance on, or inability to use or access this Site. This includes, but is not limited to:

20.1.1 any failure or error in the operation of all or any part of this Site, our computer systems, network resources, the Services, or any other computer systems or network resources to which they may be connected or upon which they may rely, or any of those computer systems or network resources being taken offline for any reason;

20.1.2 any conditions that cause or result in a degradation, fall-off, or total severance of access to this Site or network resources, or any other computer systems or network resources to which they may be connected;

20.1.3 in the case of an auction on this Site, bids not being processed or accepted due to technical difficulties or any other reason;

20.1.4 whether we or another person could have foreseen such a loss or type of loss, or were negligent or reckless, whether or not the loss was incurred in the course of a business or commercial enterprise, including, but not limited to, any economic or consequential loss or damage, any and all damage to, or loss of, any equipment, property, data, or other information possessed by you or any other person, any loss of profits, and any losses relating to contracts, business, or commercial enterprise;

20.1.5 any personal losses or hardships, tension and worry, nervous shock, or any other form of personal suffering or condition;

20.1.6 any errors or omissions in any of our documentation or other literature, any errors or omissions in any data on this Site, or any breach of contract or carelessness on our part, our employees, agents, or authorized representatives;

20.1.7 any reliance on, or any information or material contained on, or the privacy of, web sites linked to this Site, or any information or material contained on this Site about any goods and services or any other information or material whatsoever;

20.1.8 any one or more of the circumstances described in Clauses 1.1, 1.3, 1.4, 7.2, 13.3, 13.4, 17.2, 18.1, or 19.1;

20.1.9 any feedback, comments, or rating scores submitted by or about you in accordance with the Rating Systems Rules;

20.1.10 any action we take under this Agreement, including but not limited to actions taken under Clauses 12.1 to 12.4 (inclusive);

20.1.11 any activity, act, or omission on the part of our employees, agents, or authorized representatives, whether negligent, reckless, or otherwise, and whether or not within any actual, ostensible, or apparent authority;

20.1.12 any decision to conduct or not conduct an investigation into an alleged breach by one of the users.

20.2 Except as specifically stated in this Agreement, all terms, conditions, warranties, or representations, whether express, implied, statutory, common law, or otherwise, relating to the Services or anything in these terms and conditions are excluded to the fullest extent permitted by law.

20.3 If any legislation or law implies any term or warranty in this Agreement and also prohibits provisions in a contract excluding the application or exercise of that term or warranty, our liability for a breach of that term or warranty will be limited, at our discretion, to one or more of the following:

20.3.1 if the breach relates to goods:

20.3.1.1 the replacement of the goods or the supply of equivalent goods;

20.3.1.2 the repair of such goods;

20.3.1.3 the payment of the cost of replacing the goods or of acquiring equivalent goods; or

20.3.1.4 the payment of the cost of repairing the goods.

20.3.2 if the breach relates to services:

20.3.2.1 the supplying of the services again; or

20.3.2.2 the payment of the cost of having the services supplied again.

20.4 Notwithstanding anything else in this Agreement, if an Indemnified Party is liable to you, whether in respect of negligence or other delict, breach of contract or warranty, breach of statute or statutory duty, equity, or otherwise directly or indirectly in relation to the performance of or any delay or failure in the performance of its obligations under this Agreement, the maximum aggregate liability of an Indemnified Party, in respect of all claims made by you for every 12-month period commencing on the execution of this Agreement or the anniversary thereof shall be R100.

21. Release and Indemnity

21.1 You agree to release and indemnify each Indemnified Party from any claims, losses, liabilities, actions, demands, procedures, costs, or expenses (including legal costs on a full indemnity basis) directly or indirectly related to, or arising out of, the following:

21.1.1 your access to and use of the Services;

21.1.2 as a result of utilizing the Services, your offering for sale and sale of, and/or your bidding for and purchase of, any products and services;

21.1.3 the reproduction, broadcast, transmission, communication, or making available by us or other users (other than you) of any information or data (including credit card details) made available through the Services;

21.1.4 any one or more of the events listed in Clause 20.1;

21.1.5 any alleged violation of a person’s rights (including, but not limited to, defamation or misleading or deceptive conduct) resulting from a communication, broadcast, or transmission made available over the Services; or

21.1.6 any claim by a third party arising out of or in connection with any temporary or permanent stoppage of the provision of the Services in accordance with this Agreement.

21.2 The indemnity under Clause 21.1 does not extend to:

21.2.1 Expenses that we have incurred that are excessive; or

21.2.2 Any losses we incur as a result of this Agreement proving to be unprofitable.

22. Disputes

22.1 Before commencing any proceedings, you and Trusty Tech must follow the procedure for settling any disagreement in connection with or arising out of this Agreement, as set forth in this Clause 22 (except proceedings seeking urgent interlocutory relief).

22.2 The procedure for resolving a dispute is as follows, as set out by the TradeSafe agreement:

The Platform incorporates an embedded dispute resolution mechanism.

Buyers may initiate a dispute on the Platform should the goods or services they receive be materially different to what was set forth in the Trade and supporting paraphernalia.

Any dispute between the Users in relation to a transaction is between the Users. TradeSafe will not get involved beyond its obligations under the Trade. TradeSafe may offer assistance or facilitate the resolution of a dispute between Users if a dispute arises but is under no obligation to do so.

The Parties hereby agree to use their best efforts to negotiate in good faith during the dispute to reach a resolution satisfactory to all parties.

If a User notifies TradeSafe of a dispute relating to a Trade, TradeSafe will immediately freeze the Trade. TradeSafe will only unfreeze the trade if:

– The Parties indicate on the Platform that the dispute has been settled;

– It receives an order from an arbitrator; or

– It receives an order from an appropriate court of law or similar legal body.

If a dispute is declared, the Buyer and Seller will have 10 (ten) days to resolve the dispute between themselves. If they cannot resolve the dispute within this 10-day period, TradeSafe will refer them to:

– the SCC, if the dispute is declared by an individual (not a juristic person) and the value of the dispute is R20,000.00 (twenty thousand Rand) or less; or

– arbitration, if the dispute is declared by a juristic person or the value of the dispute is more than R20,000.00 (twenty thousand Rand).

You can view the full Tradesafe Terms & Conditions here.

22.3 You will be responsible for all costs incurred by us in the enforcement of any rights we have under this Agreement or in the recovery of any monies due to us, including collection charges and costs on an attorney-and-own-client scale, as well as costs of counsel as on brief, whether incurred prior to or during the institution of legal proceedings or in connection with the satisfaction or enforcement of such judgment against you.

23. Entire Agreement

23.1 This Agreement constitutes the whole agreement between you and Trusty Tech, subject to you also finalizing the Tradesafe User Agreement and using the SMS facility.

23.2 If this Agreement and the SMS Agreement conflict, the contents of this Agreement will take precedence.

23.3 Unless the context otherwise indicates, this Agreement supersedes any previous agreements between the parties. In the event of a conflict between this Agreement and any other agreement, the provisions of this Agreement will take precedence.

24. Remedies Cumulative

This Agreement’s rights and remedies are cumulative and do not preclude any other rights or remedies allowed by law. On our website, a notification relating to revisions, variations, or updates to this Agreement will be posted. It is your responsibility to become acquainted with and comprehend the revisions, variations, or updates. You are deemed to have accepted the amendment, variation, or update as binding on you if you continue to use our services.

25. Relationship of Parties

Nothing in this Agreement shall be deemed to constitute any party as the agent, partner, or joint venturer of another party.

26. Further Assurances

To give effect to any of the transactions contemplated by this Agreement, a party shall take all such steps, execute all such documents, and perform all such acts and things as may be reasonably requested by another party.

27. Non-Waiver

Except as expressly stated in this Agreement, neither a party’s failure to enforce any of the provisions of this Agreement at any time, nor the grant of any time or other indulgence, shall be construed as a waiver of that provision or of that party’s right to enforce that or any other provision in the future.

28. Governing Law

28.1 This Agreement will be governed by the laws of the Republic of South Africa, and each party irrevocably submits to the nonexclusive jurisdiction of the Republic of South Africa’s courts in any legal action, suit, or proceeding arising out of or relating to this Agreement.

28.2 Regardless of whether the amount claimed by us exceeds the applicable monetary limit allowed to institute a claim in the Magistrate’s Court or Regional Court, the parties submit to the jurisdiction of the High Court of South Africa, South Gauteng High Court, and the parties submit to the jurisdiction of the Magistrate’s Court or the Regional Court.

29. Notices

You choose your domicilium citandi et executandi (“domicilium”) for the purposes of serving any legal process and for any other purpose deriving from this Agreement at the addresses, email, and fax numbers provided in your application for registration on this site.

Any notice to be served by either party to the other must be in writing and sent to the relevant party to this Agreement at its respective address as specified on the application for registration on this Site and, in the case of Trusty Tech, 12 Drienie Street, Eldoraigne, 0157, South Africa. Notices sent by mail will be deemed served three (3) business days after the date of mailing.

If a notice is delivered by email, it will be deemed served if no reply email stating that the email cannot be delivered is received. If a notice is delivered by hand and documentation is provided, the notice will be considered delivered on the actual date and time of delivery.

In order to protect our buyers and sellers we have partneres with Tradesafe to handle and protect all transactions. Tradesafe requires these details in order to provide the service and to keep you safe. All details encrypted and we assure our community that these details are protected.
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