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Terms of service

This Agreement is a binding agreement between you and Campus Trade. It also sets out the terms and conditions governing you selling and purchasing goods and services on this Platform. Please read it carefully, if you are uncertain, or you do not agree with the terms and conditions then you should not accept them.

By entering any and all personal information on this Site in the creation of an account, in registering with Campus Trade, in making a sale or purchase, and/or by accepting this Agreement, you consent to the processing of your personal information by Campus Trade in terms of the Protection of Personal Information Act (POPI Act).

1. Definitions For the purposes of this User Agreement:
  • "Application" means the software program named Campus Trade provided by the Company and downloaded by You on any electronic device.

  • "Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Campus Trade Online (Pty) Ltd.

  • "Agreement" means these terms and conditions.

  • "Buyer" means a person, firm or company who makes a buy-request, bids for, and/or purchases any goods or services offered for sale on this Site.

  • "Seller" means a person, firm, company or entity who offers for sale, or sells goods or services on this Site.

  • "Fees" means any charges which Campus Trade charges as per billing statement.

  • "Account" means a unique profile created for You to access our Service or parts of our Service.

  • "Intellectual Property Rights" means industrial and intellectual property whether protected by common law or under statute including (without limitation) copyright and neighbouring rights, all rights in relation to inventions (including registered patents and the benefit of any applications for a patent), plant varieties, plant breeders, registered and unregistered trade marks, registered and unregistered designs including drawings, circuit layouts and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields anywhere in the world.

  • "Country" refers to Republic of South Africa.

  • "Bid" or "Buy Request" are used interchangeably and refer to the intent from a Buyer to purchase one or more goods or services offered for sale on this Platform.

  • "Site" or "Website" means the Internet website by which Campus Trade offers its Services from, currently www.campustrade.co.za.

  • "Device" means any electronic gadget that can access our Service such as a computer, a cell phone or a digital tablet.

  • "Personal information" or "Your information" are used interchangeably in this Agreement and all mean any and all information you provide to us in using this Site including, but not limited to:

    • Your registration details including your name, address, and cellphone numbers;

    • Your credit card details or any other financial information;

    • Unique identifiers including your personal name, company name and/or Student ID;

    • The information that we learn about you as a result of your use of this Site, including without limitation, through the goods and services you post on this Site if you are a Seller and the goods and services you acquire if you are a Buyer;

    • The information obtained from you in confirmation of your identity, address and contact information for security and verification reasons;

    • That information defined as personal information in section 1 of the Protection of Personal Information Act.

  • "Total order payment" means the cumulative total of all payments made and allocated to an order excluding any payments that have been reversed from such orders.

  • "You", "user", or "users" means any Buyer or Seller, or someone who is otherwise using the Site.

  • "Usage Data" refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

  • "Application", "Site", "Platform", and "website" are used interchangeably in this Agreement and all mean the internet platform by which Campus Trade offers its Services from.

PART 2: BUYING AND SELLING TERMS AND CONDITIONS

2. Trading on this Platform
  • 2.1 As we are not involved in any sale and purchase of any goods and services on this Platform, you hereby agree and acknowledge that we:

    • 2.1.1 are not, nor do we represent or hold ourselves out as the manufacturer or agent of any such manufacturer or sales representative of any such manufacturer, of any goods offered for sale and/or sold on this Platform;

    • 2.1.2 have absolutely no control over, nor do we represent or hold out that we have any control over any one or more of the circumstances described in Clause 5.4

    • 2.1.3 have absolutely no control over whether, nor do we represent or hold out that, the goods and services offered for sale on this Platform are legally able to be sold.

    • 2.1.4 cannot guarantee, nor do we represent or hold out that the descriptions of any goods and services on this Platform will be accurate;

    • 2.1.5 have absolutely no control over, nor do we represent or hold out that a Seller or Buyer will perform their respective sale and purchase obligations of goods or services posted on this Platform;

    • 2.1.6 cannot and do not control, nor do we represent or hold out that a Buyer will pay for the goods and services that he/she has successfully bid for on this Platform;

    • 2.1.7 cannot and do not control, nor do we represent or hold out that any goods and services will be delivered to a respective Buyer by the respective Seller

    • 2.1.8 cannot and do not represent nor hold out that we can confirm that each Buyer and Seller is who they claim to be;

    • 2.1.9 cannot and do not represent or hold out that we can exercise any practical control over what feedback, comments or rating scores will be provided about you.

    • 2.1.10 Reserve the right at our sole discretion, to mediate between two parties, in any dispute between any Buyer and Seller arising out of, or in connection with, the completion of any sale and purchase of any goods or services on this Platform, should the conduct of either party impact on the reputation and or image of our business.

    • 2.1.11 We do not act as agent for either the Seller or the Buyer in either the making of the offer, by the placement of the goods on the Platform for sale, the acceptance of such offer nor the acceptance of the bid by the seller.

  • 2.2 In trading on this Platform, you agree and acknowledge that we cannot and do not, nor do we represent or hold out that we can or could control:

    • 2.2.1 how the Seller or Buyer processes your personal information;

    • 2.2.2 whether the Seller or Buyer processes your personal information in accordance with the Protection of Personal Information Act insofar as the Act applies; and/or

    • 2.2.3 where or to whom your personal information is transferred by the Seller or Buyer during or after the sale or purchase of any goods on this Platform by yourself.

  • 2.3 In trading on this Platform and agreeing to and acknowledging the contents of clause 2.2 above, you further agree to and acknowledge that during or upon completion of the sale and purchase of goods and services, Campus Trade is no longer responsible for or liable in respect of:

    • 2.3.1 any personal information that may be exchanged between the Buyer and the Seller for any or all of the purposes stipulated in this Agreement;

    • 2.3.2 any personal information that may be provided to the Seller with the Buyer’s authorisation in terms of this Agreement or vice versa;

    • 2.3.3 the manner in which such personal information is processed subsequent to such an exchange between the Buyer and Seller;

    • 2.3.4 a failure on the part of the Seller or Buyer as the case may be, to process such personal information in accordance with the Protection of Personal Information Act insofar as the Act applies; and/or

    • 2.3.5 the transfer of any information by the Seller or Buyer to a third party.
3. Provision of Services

  • 3.1 We will provide you with the Services.

  • 3.2 We will provide you with a username and password in order to login as required.

  • 3.3 We reserve the right to alter or vary your preferred username at any time and will notify you of any such alteration (by email where possible).

  • 3.4 You agree to provide all necessary equipment, network connections and software to access this Platform.

  • 3.5 You agree that Campus Trade may restrict and/or terminate its services to you at any point in time if Campus Trade, in its sole and absolute discretion, elects to do so and without having to furnish any reasons for doing so.
4. Fees

  • 4.1. Registering, buying and creating items on this Platform do not attract a fee.

  • 4.2 Selling on Campus Trade will incur Success Fee charges to your Campus Trade Account. It is a condition of using the Services that you agree to this and the fee structure, billing and credit rules as described in the Billing Statement. If you do not agree to this condition, then please do not accept these terms and conditions.

  • 4.3 We may choose in our sole discretion to change our fee structure, billing and credit rules from time to time and such changes shall be effective forthwith.

  • 4.4 We may choose in our sole discretion to change our fee structure, billing and credit rules from time to time, for promotional events and such changes are effective for the dates specified when we post such a promotion on this Platform.

  • 4.5 We reserve the right in our sole discretion to alter or remove any Services or withdraw any Services offered. In the event that we introduce a new Service, any fees for that Service will take effect from the launch of that Service, unless otherwise stated.

  • 4.6 Unless otherwise stated, all fees are quoted in South African Rands and are inclusive of VAT.

  • 4.7 Users are given the right to sell items on this Platform by paying the relevant fees. This does not involve purchasing the rights to the actual web pages, which remain the property of Campus Trade; we reserve the right in our sole discretion to place third party advertisements on the pages without your consent or payment to you.

  • 4.8 Campus Trade reserves the right to charge a R300 administration fee to re-activate restricted, disabled or blacklisted accounts.
5. Selling on the Platform

  • 5.1 Subject to this Clause 5 and Clause 8, you may post the goods and services that you wish to offer for sale on the Platform.

  • 5.2 If you do so, you agree and warrant to the Buyer of those goods and services and separately to us that:

    • 5.2.1 your information:
      • 5.2.1.1 is accurate and not false, misleading, deceptive or fraudulent;

      • 5.2.1.2 does not breach any Intellectual Property Rights of a third party;

      • 5.2.1.3 is made in compliance with all applicable laws, government regulations or guidelines;

      • 5.2.1.4 is not forged, threatening or offensive or otherwise constitutes harassment;

      • 5.2.1.5 does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;

      • 5.2.1.6 does not contain any viruses, worms, trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not;

      • 5.2.1.7 will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature; and

      • 5.2.1.8 does not contain child pornography, bestiality or any other obscene or offensive material;

    • 5.2.2 you are the legal owner of the goods and services you are offering for sale on this Platform and you have the legal capacity to conclude the sale and to pass the title in the goods and services to the successful Buyer;

    • 5.2.3 you will not hyperlink to or include descriptions of goods and services that you are not offering for sale on this Platform;

    • 5.2.4 if a Buyer who is a dealer in terms of the Second-Hand Goods Act of 2009 makes a request for the information necessary to complete his register, you agree that the said information will not be unnecessarily withheld;

    • 5.2.5 you will adhere to the Listing Policy.

  • 5.3 You represent and warrant to us and to the Buyer separately that your information will be kept up to date and that you will edit your account/profile and any other information accordingly.

  • 5.4 In addition to Clause 5.2 and Clause 5.3, you represent and warrant to us and separately to the successful Buyer that:

    • 5.4.1 the goods and services you offer for sale and sell, on this Platform:

      • 5.4.1.1 are reasonably fit for the purpose or purposes for which goods of that kind are commonly bought as it is reasonable to expect having regard to matters including, without limitation, the description of those goods and their price; and

      • 5.4.1.2 correspond with the description that you have posted on this Platform; and

      • 5.4.1.3 if sold in bulk, will correspond with any samples; and

      • 5.4.1.4 are not defective; and

      • 5.4.1.5 are free of any charge or encumbrance such that the Buyer will be able to enjoy quiet possession of those goods;

    • 5.4.2 the services you offer for sale, and sell, on this Platform:

      • 5.4.2.1 will be rendered with due care and skill; and

      • 5.4.2.2 any materials supplied in connection with any services will be reasonably fit for the purpose for which they have been supplied; and

      • 5.4.2.3 if the Buyer has made it known to you the particular purpose for which the services are required or the result the Buyer wishes any services to achieve, then those services and any materials supplied in connection with those services will be reasonably fit for that purpose or are of such nature and quality that they might be reasonably expected to achieve that result;

    • 5.4.3 the goods and/or services you offer for sale, and sell on this Platform:

      • 5.4.3.1 will be offered for sale, and sold, in compliance with the laws of the Republic of South Africa and especially that of the Consumer Protection Act 68 of 2008;

      • 5.4.3.2 are legally able to be offered for sale, and sold on this Platform, and otherwise, that the offer and sale of those goods and services is not in contravention of any law.

  • 5.5 In the information provided about the goods or services the Seller offers for sale, or sells on this Platform, the Seller must set out the terms and conditions for sale of those goods or services, if any.
6. Buying on the Platform
  • 6.1 You agree and warrant to each Seller and separately to us that:

    • 6.1.1 your information:

      • 6.1.1.1 is accurate and not false, misleading, deceptive or fraudulent;

      • 6.1.1.2 does not breach any Intellectual Property Rights of a third party;

      • 6.1.1.3 is made in compliance with all applicable laws, government regulations or guidelines;

      • 6.1.1.4 is not forged, threatening or offensive or otherwise constitutes harassment;

      • 6.1.1.5 does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;

      • 6.1.1.6 your information will be kept up to date and that you will edit your account/profile and any other information accordingly.

  • 6.1.2 you have the legal capacity to purchase any goods or services, and, will not otherwise be breaching any law in purchasing those goods or services;

  • 6.1.3 you will not bid for any goods or services on this Platform unless you are able, and have sufficient, available capacity to pay for those goods or services;

  • 6.1.4 the purchase of any goods and/or services on this Platform is absolutely at your own risk;

  • 6.1.5 to the extent permitted by law, the Seller may exclude all terms, conditions and warranties whether express, implied, statutory, common law, or otherwise, relating to those goods and services, in all of the Seller's dealings in connection with the goods and services that you may purchase from the Seller on this Platform; and

  • 6.1.6 you have obtained the necessary information required to comply with the Second Hand Goods Act from the Seller; (if applicable);
7. Ratings and Comments

  • 7.1. It is a condition of using the Services that you agree that feedback, comments and ratings scores may be provided about you. If you do not agree to this condition, then please do not accept these terms and conditions.

  • 7.2. If you believe a statement made about you pursuant to Clause 7.1 is untrue, misleading or deceptive or defamatory (" Questionable Statement "), please contact our customer service department and we will conduct an investigation. As a result of an investigation, we may (although we are not obliged to) remove the Questionable Statement.

  • 7.3 The decision to hold an inquiry or not is entirely within our discretion and we will not be obliged in any way to entertain any representations in this regard.
8. Campus Trade Discretion
  • 8.1 We reserve the right in our sole discretion to alter or remove any information or withdraw any goods or services offered for sale by you if:

    • 8.1.1 that information and/or those goods or services, as applicable;

      • 8.1.1.1 infringe or is suspected of infringing the Intellectual Property Rights of any person (other than the Seller in question); or

      • 8.1.1.2 may create any liability for us whatsoever;

    • 8.1.2 in relation to the goods and services set out in Clause 5.4, if we are not entirely satisfied that you are legally permitted to offer for sale or sell, those goods and/or services;

    • 8.1.3 it is otherwise in our commercial interests to do so;

    • 8.1.4 we are required by law to do so;

    • 8.1.5 you breach any provision of this Agreement; or

    • 8.1.6 for any other reason whatsoever, and you irrevocably and unconditionally agree that any rights that you may have had against us in respect of any action we may have taken under this Clause 8, are hereby waived.
9. Completion of Sale and Purchase of Goods or Services
  • 9.1 We will notify the Seller and the successful Buyer of the successful sale (if any) of any goods or services by automated email.

  • 9.2 Following receipt of the Confirmation Notice the Seller and the successful Buyer will be solely responsible for the following matters, including, but not limited to:

    • 9.2.1 implementation of the sale and purchase of the goods or services, including reaching agreement on when risk in relation to the goods or services is passed onto the Buyer, and when title in the goods or services will be delivered to the Buyer;

    • 9.2.2 ensuring they comply with the laws applicable in the jurisdiction in which the Buyer and Seller are located, with respect to completion of the sale and purchase of the goods and services (including without limitation, any formalities required to be undertaken in relation to that sale and purchase as well as the formalities required in terms of the Second-Hand Goods Act) and, if the Buyer and Seller are from different jurisdictions, then the governing law of any resultant contract or agreement between the Buyer and Seller will be Gauteng, the Republic of South Africa;

    • 9.2.3 arranging for payment of the goods or services;

    • 9.2.4 arranging any insurance (if any) in respect of the goods or services;

    • 9.2.5 as applicable, agreeing a date for delivery of the goods or services; and

    • 9.2.6 payment of all applicable taxes, duties and costs (including, without limitation, VAT or other consumption taxes and customs and other import duties and tariffs) incurred in connection with the sale and purchase of the goods and services.

  • 9.3 We have no involvement in the sale and purchase of any goods and services other than providing a platform for an auction and as described in Clauses 1.1 we will never accept returns of any goods and services purchased on this Platform as we are not the Seller. You must therefore direct all enquiries, of whatever nature, including, but not limited to, goods and services being of a defective nature, not fit for a particular purpose, or non-delivery of any goods and services, to the Seller, at whose sole discretion, the goods or services may be replaced or the price refunded.
PART 3: GENERAL TERMS AND CONDITIONS
  • 10.1 Campus Trade may Change These Terms and Conditions

  • 10.2 We have an absolute discretion to change the terms of this Agreement at any time. If we do so, we will post details of any changes on this Platform that will be effective forthwith.

  • 10.3 By accepting this Agreement and any notifications of changes to this Agreement, you also agree to accept and be bound by any changes made by us under this Clause 10. In any event, your continued use of the Services after any changes to the terms of this Agreement have taken effect in accordance with Clause 10.1, will be deemed to be your acceptance of those changes to the terms of this Agreement.
11. Compliance with These Terms and Conditions
  • 11.1 You agree to promptly inform us of any breach by you of the terms of this Agreement and of any conduct of another user that you think may be a breach of this Agreement, whether the conduct has ceased, is continuing, or may occur in the future.

  • 11.2 You agree that we may and will monitor your conduct if we believe that you are not complying with the terms of this Agreement. If we do, then we will respect your confidentiality, unless:

    • 11.2.1 doing so would or could implicate us in criminal behaviour, a civil wrong, or any other claim by a person for which we may have to pay compensation;

    • 11.2.2 the law compels, requires, or makes it prudent and desirable for us to divulge or disclose the information we hold or know or any documents we possess; or

    • 11.2.3 we consider it necessary or desirable to make disclosures to preserve or enforce our interests or rights.

  • 11.3 If we believe, whether or not we have conducted any monitoring, that you are not, or may be in danger of not, complying with any of the provisions of this Agreement, then we may send you a warning asking you to rectify your conduct (although we will not be obliged to do so).

  • 11.4 If you:

    • 11.4.1 infringe or are suspected of infringing the Intellectual Property Rights of any other person;

    • 11.4.2 are suspected of having, or are found by conviction, settlement insurance or escrow investigation or otherwise, to have engaged in any fraudulent or other criminal activity in connection with this Site or any other web Platform or

    • 11.4.3 have an over due payment on your Campus Trade Account; or

    • 11.4.4 otherwise breach this Agreement, we may, in our absolute discretion:

      • 11.4.4.1 withhold from you, your use of any or all of the Services;

      • 11.4.4.2 delete or remove, without incurring any liability to you, any or all of your information and block in-coming and out-going data or message transfers;

      • 11.4.4.3 restore the Services if and when you can demonstrate clear and complete adherence to the terms of this Agreement on a permanent and consistent basis; and

      • 11.4.4.4 terminate the Agreement that we have entered into with you, and cancel our obligations to provide the Services, if we are not satisfied that you will clearly and completely adhere to the terms of this Agreement, on a permanent and consistent basis, if the Services are restored to you.
12 Use of Platform
  • 12.1 In using this Platform, you must not:

    • 12.1.1 illegally copy, store, use, alter, modify, impair, interfere with or attempt to interfere with, or distribute software or other data;

    • 12.1.2 alter, damage, destroy, erase, interfere with or attempt to interfere with, or infect our files, data and other computer systems and network resources or those of other users or any other person, or 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;

    • 12.1.3 impair the electronic communications to or from, or interfere with or obstruct the lawful use of, or otherwise cause any unauthorised computer functions to our computer systems or those of other users or any other person;

    • 12.1.4 offer, sell, export, or import any Prohibited Goods and Services;

    • 12.1.5 offer, sell, export, or import any goods and services if this breaches any law applicable to you; and

    • 12.1.6 engage in any practice or conduct that is unlawful under any laws applicable to you;

    • 12.1.7 copy, modify, or distribute rights or content from our Platforms, services or tools or Campus Trade's copyrights and trademarks;

    • 12.1.8 harvest or otherwise collect information about users (including email addresses), trades listed or sales activities conducted on Campus Trade without the express permission of Campus Trade;

  • 12.2 Any links or references (direct or indirect) to other web sites on this Site are provided for your convenience only and do not, and are not an express or implied endorsement by us, of those web sites, or the products and services contained on those web sites.

  • 12.3 The information and material contained on this Site has been prepared in accordance with the laws of the Republic of South Africa for use in the Republic of South Africa only. It may not comply with the laws of any other country. We make no representation that the information and material contained on this Site complies with the laws (including any intellectual property laws) of any country other than the Republic of South Africa. If you choose to access this Site from outside the Republic of South Africa, you do so at your own risk and will be responsible for ensuring compliance with the laws of the country in which you are located.

  • 12.4 Using information about other Campus Trade users -

    • 12.4.1 You agree to use user-information only in accordance with applicable laws and regulations (including, without limitation, The Protection of Personal Information Act and other data protection laws) and only for:

      • Campus Trade-transaction-related purposes that are not unsolicited commercial communications;

      • using services offered through Campus Trade; and

      • other purposes a user expressly agrees to.

    • 12.4.2 You agree to respect other users' privacy and disclose your privacy and security policies to them. By law, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.

  • 12.6 Notwithstanding, and in addition to any other provision of this Agreement, you agree to comply with any laws applicable to you when using this Site and the sale or purchases of goods or services that you undertake as a result of using this Site.

  • 12.7 You agree not to harass, intimidate or threaten any of the Campus Trade staff or any users of the Campus Trade website in any way or form and failure to do so may, in Campus Trade's sole discretion, result in the cancellation or restriction of your Campus Trade account.
13 Entering into this Agreement
  • 13.1 You represent and warrant to us:

    • 13.1.1 if you are an individual that you are eighteen (18) years of age or over and of full legal capacity and thus capable of entering into this Agreement and performing your obligations under this Agreement; or

    • 13.1.2 if you are a juristic entity:

      • 13.1.2.1 that you are duly incorporated and have been issued with a certificate of commencement of business and have the power to own/sell property; and

      • 13.1.2.2 entering into this Agreement does not violate your Constitution; and

      • 13.1.2.3 you have the power and have taken all corporate and other action required to enter into this Agreement and to authorise entering into this Agreement and performing your obligations under this Agreement.

  • 13.2 Transactions in case of a minor

    • 13.2.1 If you are under 18 years of age or if you are not legally permitted to enter into a binding and enforceable agreement, then you may not register as a user or make use of the services of Campus Trade, unless you are duly supervised by and you have obtained the consent of your parent or legal guardian or spouse.

    • 13.2.2 If your parent or legal guardian supervises you and gives his/her consent, then such person hereby agrees to be bound and to be liable and responsible for you and for all your obligations or duties in terms of the agreement entered into between yourself and Campus Trade.

    • 13.2.3 We strictly reserve our rights to refuse our service, terminate/suspend your account or cancel orders, should Campus Trade, in our sole discretion find that you have failed for whatsoever reason to comply with the aforementioned provisions or the remaining provisions of these terms and conditions, without prejudice to any other rights that we may have at law.

    • 13.2.4 To the extent that you utilize our services, we shall deem it that you were / are supervised by and that you have obtained the consent of your parent or legal guardian or curator or trustee. The onus to prove that you were not supervised or did obtain the requisite consent shall rest with you.
14 Licence of, and Use of, your Information
  • 14.1 You hereby grant to us a non-exclusive, irrevocable, worldwide, perpetual, royalty-free right to exercise the Intellectual Property Rights you have in your information, in whatever medium.

  • 14.2 Subject to Clause 14.1, we agree to use your information only in accordance with the Privacy Statement. If you do not agree with the terms of the Privacy Statement, please do not accept these terms and conditions.

  • 14.3 We further agree and/or undertake to process your personal information in accordance with the provisions of the Protection of Personal Information Act.
15 Commercial Uses of Campus Trade Services
  • 15.1 We cannot and do not take any responsibility for any commercial enterprises you may conduct as the proprietor of any goods or services that you have chosen to sell or buy in reliance on this Site, our computer systems, network resources or the Services as part of a business or profit-making activity. Specifically:

    • 15.1.1 if you, or those whom you permit to use your account, choose to rely upon this Site, our computer systems, network resources or the Services in any manner to support a business or other profit-making activity, you do so at your own risk absolutely;

  • 15.2 The Services on this Site are provided to you personally and you must never resell, trade, or barter your rights to use the Services to another person or persons nor permit any third party to use the Services.
16 Disclaimer and Limitation of Liability
  • 16.1 Notwithstanding, and in addition to any other provision in this Agreement, 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 authorised or unauthorised use of, access to, reliance on, or any inability to use or access this Site, the Services, or as a consequence of such use, access, reliance, or inability to access, including, but not limited to any loss relating to one or more, or a combination, of the following:

    • 16.1.1 a 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 the taking offline of any of those computer systems or network resources for any reason;

    • 16.1.2 any circumstances which produce or have the consequence of producing a degradation, fall-off, or complete severance of access to this Site or network resources or any other computer systems or network resources to which they may be connected by any person;

    • 16.1.3 whether we or another person could have foreseen such a loss or type of loss, whether or not the loss was suffered in connection with 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, revenue, goodwill, or any anticipated savings;

    • 16.1.4 any errors or omissions in any documentation or other literature provided by us, any errors or omissions in any data, on this Site, or any breach of contract or negligence on the part of us, our employees, agents or authorised representatives;

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

    • 16.1.6 any feedback, comments or rating scores made by you, or about you;

  • 16.2 If any legislation or law implies in this Agreement any term or warranty and also prohibits provisions in a contract excluding the application of or exercise of that term or warranty then, to the maximum extent permitted by law, our liability for a breach of such a term or warranty will be limited, at our option to any one or more of the following:

    • 16.2.1 if the breach relates to goods:

      • 16.2.1.1 the replacement of the goods or the supply of equivalent goods;

      • 16.2.1.2 the repair of such goods;

      • 16.2.1.3 the payment of the cost of replacing the goods or of acquiring equivalent goods; or

      • 16.2.1.4 the payment of the cost of replacing the goods repaired; and

    • 16.2.2 if the breach relates to services:

      • 16.2.2.1 the supplying of the services again; or

      • 16.2.2.2 the payment of the cost of having the services supplied again.
17 Release and Indemnity
  • 17.1 Notwithstanding, and in addition to any other provision in this Agreement, to the maximum extent permitted by law, you agree to release from, and indemnify, each Indemnified Party, against, any claims, losses, liabilities, suits, demands, proceedings, costs or expenses (including legal costs on a full indemnity basis) directly or indirectly related to, or, arising out of:

    • 17.1.1 your use of the Services;

    • 17.1.2 your offering for sale and the sale of, and/or, your bidding for and the purchase of, any goods and services as a result of using the Services;

    • 17.1.2 the reproduction, broadcast, transmission communication or making available of any information or material (including credit card details) by us or any users (other than you) made available by use of the Services;

    • 17.1.3 any alleged breach of a person's rights (including, but not limited to, defamation or misleading or deceptive conduct) by a communication, broadcast or transmission made available by means of the Services; or

    • 17.1.4 any claim by any person arising out of, or in connection with any cessation (temporary or permanent) of the supply of the Services in accordance with this Agreement.

  • 17.2 The indemnity under Clause 17.1 does not extend to:

    • 17.2.1 expenses incurred by us that are unreasonable; or

    • 17.2.2 losses occasioned by us as a result of this Agreement proving not to be profitable to us.
18 Disputes
  • 18.1 You and Campus Trade must follow the procedure for resolving any dispute in connection with or arising out of this Agreement, in accordance with this Clause 18 before starting any proceedings (except proceedings seeking urgent interlocutory relief).

  • 18.2 The procedure for resolving a dispute is as follows:

    • 18.2.1 first, either you or Campus Trade may give notice to the other about the nature of the dispute and you and Campus Trade will seek to negotiate a settlement within 14 working days of receipt of the Notice;

    • 18.2.2 second, to the extent those negotiations fail, you and Campus Trade will seek, within a further 2 days, to reach agreement on the appointment of a mediator for resolving the dispute, and failing any such agreement, the mediator shall be appointed by AFSA Secretariate and, the mediation shall be conducted in accordance with the AFSA Administered Mediation Rules; and

    • 18.2.3 failing such a resolution, the dispute, if arbitrable in law, shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator(s) appointed by the Foundation.

  • 18.3 You shall be liable for all costs incurred by us in the enforcement of any rights which we have in terms of this Agreement or in the recovery of any monies due to us, including collection charges and costs of an attorney and own client scale and costs of counsel as on brief whether incurred prior to or during the institution of legal proceedings or if judgement has been granted in connection with the satisfaction or enforcement of such judgement against you.
19 Notices

19. 1 You choose your domicilium citandi et executandi ("domicilium") for the purposes of giving any notice serving any legal process and for any other purpose arising from this Agreement at your addresses, and e-mail as set out in your application for registration on this site. Any notice to be served by either party to the other must be in writing and will be sent by hand delivery, post or facsimile, or email 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 mail will be deemed to have been served three (3) business days after posting. In the case of a facsimile it will be deemed to have been served on receipt of a successful transmission notice and in the case of email it will be deemed to have been served if no return email stating that the email cannot be delivered is received. If a notice is served by hand and proof thereof is made available, the notice will then be deemed to be delivered on the actual date and time of delivery.

20 Non-Waiver

20. 1 Other than as otherwise specified in this Agreement, neither the failure of a party to enforce at any time any of the provisions of this Agreement nor the granting of any time or other indulgence shall be construed as a waiver of that provision or of the right of that party thereafter to enforce that or any other provision.

21 Governing Law
  • 21.1 This Agreement will be governed by the laws in force in the Republic of South Africa and each party unconditionally submits to the non exclusive jurisdiction of the court of the Republic of South Africa in relation to any legal action, suit or proceedings arising out of or with respect to this Agreement.

  • 21.2 With reference to clause 21.1, the parties submit to the jurisdiction of the High Court of South Africa and the parties submit to the jurisdiction of the Magistrate’s Court or the Regional Court irrespective 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.
22 Entire Agreement
  • 22.1 This Agreement constitutes the entire Agreement between you and Campus Trade.

  • 22.2 This Agreement incorporates all other Agreements between the parties. Should there be any conflict between any other agreement and this Agreement, the provisions of this Agreement shall prevail.

---- End of Document ----

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