ITRADEBULK TERMS AND CONDITIONS

Please read these terms of use (“terms”) carefully before using this website (“site”). Using this site indicates that you have read and accepted these terms. If you do not accept these terms, you are not authorised to use this site.

These terms govern your use of the site, any content (such as text, data, information, software, graphics or photographs) that ITradeBulk may make available through the site (collectively, “materials”) and any services that ITradeBulk may provide through the site (collectively, “services”). The site, materials and services are referred to in these terms collectively as the “ITradeBulk websites.”

Customers including businesses, suppliers, transporters and advertisers, and the general public (Collectively, “Advertisers”), may also impose additional terms and conditions specific to their products and/or services to which you will be subject. Please read these carefully, before proceeding to use, pay for or transact in any way with advertisers.

Use of ITradeBulk Websites and Advertisers

The consumer/user/trader acknowledges that the utmost care was taken by ITradeBulk and the businesses, suppliers, transporters, service providers and/or advertisers who are advertising, listed or accredited on the ITradeBulk website to ensure that the information provided to the consumer/user/trader on the website is both true and correct;

It is further acknowledged that the assumption of risk or liability in selecting an appropriate qualified business, supplier, transporter, service provider, or advertiser vests in the consumer/user/trader;

In light of the above, the consumer/user/trader indemnifies ITradeBulk as well as the businesses, suppliers, transporters, service providers and/or advertisers, listed or accredited on the website against any liability or claim which may arise in respect of the costs and any damages incurred as a result of the consumer/user/trader relying on the information provided but nevertheless selecting a business, supplier, transporter, service provider and/or advertiser who is inappropriate to the consumer/user/trader needs.

Except as set forth in “Other agreements; software, services or access”, below, ITradeBulk authorises you to use the ITradeBulk Websites only for your own personal, non-commercial purposes. Use of the ITradeBulk Websites for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited.

If you make copies of any of the materials, you must retain on any such copies all copyright and other proprietary notices contained in the original materials. You may not modify, publicly display, publicly perform or distribute the materials. As between you and ITradeBulk, ITradeBulk owns the ITradeBulk Websites. The ITradeBulk Websites are protected under South African and international copyright laws. Any unauthorised use of the ITradeBulk Websites may violate copyright, trademark and other laws. If you breach any of these Terms, your authorisation to use this site automatically terminates and you must immediately destroy any downloaded or printed materials.

Access

You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the ITradeBulk Websites and for paying all charges related thereto. When you register to open an account anywhere on the ITradeBulk Websites or when you contact ITradeBulk through the ITradeBulk Websites for the purpose of receiving products or services, ITradeBulk may collect certain personal information about you. ITradeBulk’s use of such information is governed by the provisions of the ITradeBulk Online Privacy Statement for the Site. By using our Site, you consent to such processing and you warrant that all data provided by you is true, accurate, current and complete information (and, for as long as you continue to use your ITradeBulk Websites account, you agree to update such information and to keep it true, accurate, current and complete). You are responsible for maintaining the confidentiality of your ITradeBulk Websites password and you are solely responsible for all activities that occur under your password. You agree to notify ITradeBulk immediately of any unauthorised use of your password or any other breach of security related to the ITradeBulk Websites.

Prohibited uses

You agree not to use the ITradeBulk Websites (including, without limitation, any Materials or Services you may obtain through your use of the ITradeBulk Websites): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the ITradeBulk Websites or servers or networks connected to the ITradeBulk Websites. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the ITradeBulk Websites; or (y) attempt to gain unauthorised access to any portion of the ITradeBulk Websites or any other accounts, computer systems, or networks connected to the ITradeBulk Websites, whether through hacking, password mining, or any other means and as further detailed below.

Viruses, Hacking and other offences: You must not misuse the ITradeBulk Websites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the ITradeBulk Websites, the server on which the ITradeBulk Websites are stored or any server, computer or database connected to the ITradeBulk Websites. You must not attack the ITradeBulk Websites via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the ITradeBulk Websites will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the ITradeBulk Websites or to your downloading of any Materials posted on it, or on any website linked to it.

Termination

Except as set forth in “Other agreements; software, services or access”, below, ITradeBulk may terminate, suspend or modify your registration with, or access to, all or part of the ITradeBulk Websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the ITradeBulk Websites at any time. If you breach any of these Terms, your authorisation to use the ITradeBulk Websites automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).

Disclaimers

The ITradeBulk websites are provided “as is” and “with all faults” and the entire risk as to the quality and performance of the ITradeBulk websites is with you. Should the materials or services prove defective, you, and not ITradeBulk , assume the entire cost of all necessary servicing and repair. ITradeBulk expressly disclaims all warranties of any kind, whether express, implied, or statutory, with respect to the ITradeBulk websites (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, ITradeBulk makes no warranty that the ITradeBulk websites will meet your requirements or that the ITradeBulk websites will be uninterrupted, timely, secure, or error free or that defects in the ITradeBulk websites will be corrected. ITradeBulk makes no warranty as to the results that may be obtained from the use of the ITradeBulk websites or as to the accuracy or reliability of any information obtained through the ITradeBulk websites. No advice or information, whether oral or written, obtained by you through the ITradeBulk websites or from ITradeBulk , its parents, subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, “the ITradeBulk parties”) shall create any warranty. ITradeBulk disclaims all equitable indemnities.

Limitation of liability

In no event will any of the ITradeBulk parties be liable for (a) indirect, special, consequential, punitive, or exemplary damages whatsoever or howsoever caused or (b) any direct damages whatsoever in excess of one hundred south african (zar100.00) rands (including, without limitation, those resulting from loss of revenues, lost profits, loss of goodwill, loss of use, business interruption, loss or corruption of data or other intangible losses), directly arising out of or in connection with the ITradeBulk websites (including, without limitation, use, inability to use, or the results of use of the ITradeBulk websites), whether such damages are based on warranty, contract, tort, statute, or any other legal theory and even if any ITradeBulk party has been advised (or should have known) of the possibility of such damages.

Exclusions and limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any ITradeBulk Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the ITradeBulk Party’s liability shall be the minimum permitted under such applicable law.

Other agreements: software, services or access

ITradeBulk may provide products (such as hardware or software) services (such as hardware maintenance or repair or software maintenance, installation or training) or access to ITradeBulk Websites under the terms of a separate agreement between you and ITradeBulk (each, an “Other Agreement”). ITradeBulk ‘s obligations with respect to any product, service or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.

For example, the use of any software that is made available to download from the ITradeBulk Websites (“Software”) is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement terms. If no end user license agreement accompanies or is included with the Software, then such Software shall be deemed to be Materials hereunder and these Terms shall govern your use of such Software. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.

Modifications to ITradeBulk Websites

ITradeBulk reserves the right to modify, suspend or discontinue the ITradeBulk Websites at any time without notice to you. For example, ITradeBulk may make changes to the Materials and/or Services or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and ITradeBulk makes no commitment to update the Materials and Services whatsoever. Information published on a Site may refer to products, programs or services that are not available in your country. Consult your local ITradeBulk business contact for information regarding the products, programs and services that may be available to you.

User submissions

Certain areas of the ITradeBulk Websites (e.g.: customer ratings and review areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”).

By submitting a User Submission, you grant ITradeBulk an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sub licensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that ITradeBulk deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service).

ITradeBulk reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. ITradeBulk may, but is not obligated to, pre-screen User Submissions or monitor any area of the ITradeBulk Websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. ITradeBulk is not required to host, display, or distribute any User Submissions on or through the ITradeBulk Websites and may remove at any time or refuse any User Submissions for any reason.

ITradeBulk is not responsible for any loss, theft, or damage of any kind to any User Submissions. ITradeBulk does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that ITradeBulk will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. ITradeBulk does not guarantee that you will have any recourse through ITradeBulk or any third party to edit or delete any User Submission you have submitted.

By submitting any User Submission, you represent and warrant that:

• You are at least 18 years old; you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to ITradeBulk the rights in your User Submissions described herein;
• You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
• You are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to ITradeBulk described herein;
• Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
• You voluntarily agree to waive all “moral rights” that you may have in your User Submission;
• Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
• Your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising)
• Your User Submission is not, and may not reasonably be considered to be, defamatory, libellous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
• You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
• Your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
• Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
• Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
• Your User Submission does not contain or constitute any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

Links to third-party websites

Links on the ITradeBulk Websites to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the ITradeBulk Websites. ITradeBulk is not obliged to review such third-party websites, does not control such third-party websites and is not responsible for any such third-party websites (or the products services, or content available through the same). Thus, ITradeBulk does not endorse or make any representations about such third-party websites, any information, software, products, services or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the ITradeBulk Network, you do this entirely at your own risk.

Linking to this Site

You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws.

Without ITradeBulk written authorisation to the contrary, a website that links to this Site:

• May link to, but shall not replicate, any Materials (including any ITradeBulk logo);
• Shall not create a browser or border environment around any Materials;
• Shall not imply that ITradeBulk endorses such website or any products, services or content available through such website;
• Shall not misrepresent its relationship with ITradeBulk ;
• Shall not present false or misleading information about ITradeBulk , its products or its services;
• Shall not contain content that could be construed as distasteful, offensive or controversial; and
• Shall contain only content that is appropriate for all age groups. ITradeBulk reserves the right to withdraw linking permission without notice.

Cookies

Certain parts of the ITradeBulk Website use “cookies” to keep track of your visit and to help you navigate between sections. A cookie is a small data file that may be stored on your computer’s hard-drive when you visit a website. Cookies can contain information such as the pages you have visited.

We use cookies on the ITradeBulk Website to enable us to deliver content that is specific to your interests and to give us an idea of which parts of the ITradeBulk Website you are visiting and to recognise you when you return to the Website. Our cookies do not read data from your computer’s hard-drive or read cookies created by other websites that you have visited. This means that your visit will be tracked, but that to all intents and purposes you remain anonymous.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the ITradeBulk Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you access the Website.

Trademarks

ITradeBulk and any other product or service name or slogan or logo contained in the ITradeBulk Websites are trademarks of ITradeBulk and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of ITradeBulk or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with ITradeBulk or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilising any name, trademark or product or service name of ITradeBulk without ITradeBulk’s prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons and scripts) is the service mark, trademark and/or trade dress of ITradeBulk and may not be copied, imitated or used (in whole or in part) without ITradeBulk ’s prior written permission. Reference to any products, services, processes or other information, by trade name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by ITradeBulk.

Electronic communications

When you visit the Site or send e-mails to ITradeBulk, you are communicating with ITradeBulk electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures and other communications that ITradeBulk provides to you electronically satisfy any legal requirement that such communications be in writing.

General

These Terms, together with any additional terms to which you agree when using particular elements of the ITradeBulk Websites, constitute the entire and exclusive and final statement of the agreement between you and ITradeBulk with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and ITradeBulk with respect to such subject matter. The ITradeBulk Parties are third party beneficiaries with respect to the provisions in these Terms that reference them. These Terms and the relationship between you and ITradeBulk shall be governed by the laws of SOUTH AFRICA and by using this Site you submit to the exclusive jurisdiction of the SOUTH AFRICAN courts. The failure of ITradeBulk to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of ITradeBulk and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the ITradeBulk Websites. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ITradeBulk without restriction.

Modifications to these Terms

ITradeBulk may, at its sole and absolute discretion, change these Terms from time to time. ITradeBulk will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the ITradeBulk Websites. Continued use of the ITradeBulk Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the ITradeBulk Websites and, in such circumstances, the expressly designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.

Transacting with iTradeBulk - Payment & Pricing

This Paragraph strictly excludes customer/user/trader payments for Products and Services provided by Advertisers (eg. businesses, suppliers, transporters and service providers), and pertains only to the payment for ITradeBulk Services (e.g. Registration of Suppliers and Transporters, and advertising on the iTradeBulk websites). For more information with regards to online shopping payments for traders, see “Online Shopping Terms and Conditions” / Purchasing Goods and Services.

Services, and the pricing thereof, offered by ITradeBulk may change at any given time without any prior written warning or written consent. Quotations given by ITradeBulk support centre staff or ITradeBulk Representatives are valid for 30 days from date of quotation. All Invoices or amounts due by you are payable in advance, in full, before any service will be rendered by ITradeBulk.

Subscription Services must be paid in advance, in order for services to remain active. Late payments will not be tolerated, and may result in the subscription service being temporarily deactivated.

All Invoices can be paid via EFT Payments to the iTradeBulk Company account displayed on the Invoice, or alternatively using your Wallet Credits for Payments.

• Customers (Suppliers/Transporters) that hold credit in an ITradeBulk Wallet – payment for services invoiced/subscribed to, will be automatically deducted from the customer wallet.

Credit Card Payments:

• • • ITradeBulk agrees to not disclose or provide any persons/businesses/legal entities with any form of your credit card details, we agree to keep this information secure at all times and will purge such information if necessary.
    • We do not store your credit card details on our site
    • Credit Card Payments can be made directly into the Customer Wallet.

Debit Order Payments

• • • Debit Orders with ITradeBulk are done on user selected dates within any given month of the year. These dates include, but are not limited to, the 1st of every month, as well as the 15th of every month. When registering for monthly or annual service, you may choose which date you would prefer if a debit order has been chosen as your preferred payment option.
    • ITradeBulk will not debit any account without prior consent of the account holder, we will not be held liable for information provided that is not correct.
    • Debit Order rejection Fees are levied by the Bank and the customer is liable for any costs and fees incurred by ITradeBulk as a result of a rejected debit order, regardless of the reason provided therefore.
    • ITradeBulk agrees to not disclose any banking information to any persons/businesses/legal entities of any kind.

Termination

Except as set forth in “Other agreements; software, services or access”, ITradeBulk may terminate, suspend or modify your registration with, or access to, all or part of the ITradeBulk Websites, without notice, at any time and for any reason. Self-termination of any account held with ITradeBulk shall be provided for in writing 30 days prior to the termination date, any, and all account arrears must be settled and paid up to date before the date of termination.

Where services have been purchased in advance, or on a subscription contract, e.g. 1 year, and paid for in advance, or due on a monthly basis by contract, (eg. including business listing or advertisements), any payment made for such service, and terminated in advance of the contract period end date, for which the service was bought, shall not be refundable, nor part thereof, under any circumstances whatsoever.

Refund Policy

This Policy strictly excludes purchases of Products and Services from Advertisers (eg. Businesses, Suppliers, Transporters and Service Providers), and pertains only to the purchase of ITradeBulk Services. For more information with regards to online shopping refunds see “Online Shopping Terms and Conditions”

Any dispute pertaining to the products/services provided by ITradeBulk which may require a refund or exchange of product/service, needs to be provided for in writing with photographs/testimonials showing full reason as to why the refund/exchange may be required from ITradeBulk.

All refunds/exchanges will be taken into consideration within 10 working days from date of dispute. Thereafter a further 10 working days will be required to complete the refund or exchange transaction held between the customer and ITradeBulk.

A Refund will only be executed in exceptional circumstances. Standard procedure is to allocate the refund as a credit note against future services to be provided by ITradeBulk to the customer.

Revised 1st September 2023