OpenTRD Terms & Conditions
Accessing our digital ecosystem, www.opentrd.com, and its complementary mobile sites and applications (collectively, "the Website") ushers you into the innovative realm of TradeBRICS Proprietary Limited ("OpenTRD"). Engaging with our Website and the diverse subscription service plans it offers signifies your acknowledgment and acceptance of these terms and conditions ("the Terms"), which are crafted with a deep sense of responsibility towards protecting and respecting your informational and operational integrity. Your journey through our Website or engagement with our services binds you to these Terms, which we trust you will read thoroughly and understand fully. If you find any part of these Terms not in alignment with your principles, we kindly ask that you refrain from further engagement with our Website.
I. Amendments to Terms
In our quest for continuous improvement and adaptation to the evolving digital landscape, OpenTRD reserves the exclusive right to amend, modify, or revise any aspect of the Website, these Terms, and/or any ancillary privacy notices or additional terms applicable to you. Such modifications are undertaken with the dual aim of enhancing our service offerings and ensuring our practices remain at the forefront of industry standards and legal compliance. Your continued utilisation of the Website post-modification constitutes your agreement to these changes, underscoring the importance of regularly reviewing the Terms to stay informed of your rights and obligations.
II. Subscriptions
OpenTRD is proud to offer a diverse array of subscription plans designed to meet the varied needs of our users, encompassing:
- Free Subscription
- Starter Subscription
- Premium Subscription
- Enterprise Subscription
Detailed information regarding the pricing, entitlements, and features of each subscription plan is available at www.opentrd.com/pricing. Upon opting to engage with our services, users are required to register and provide personal information to create a dedicated account for accessing our subscription services. It isimperative that all information provided during account creation is both accurate and complete to ensure a seamless experience.
OpenTRD reserves the right, at our sole discretion, to request changes to a user’s login details at any point, ensuring the highest level of security and integrity in our digital environment. This approach not only facilitates a robust framework for data protection but also enhances the trust placed in us by our valued users. The responsibility to maintain the confidentiality of account information is a critical aspect of our security protocol, aimed at preventing unauthorised access and safeguarding your digital interactions within the OpenTRD ecosystem.
In the event of any compromise to the security of your account information, such as the discovery of unauthorised use or a breach of confidentiality regarding your username and password, it is crucial for you to inform OpenTRD immediately. Prompt communication allows us to take necessary action, including the deactivation of compromised credentials and the issuance of new login details to restore secure access to your account.
Furthermore, OpenTRD may, for security reasons or to enhance account protection, require you to change your login credentials at any time. Such measures are part of our commitment to maintaining a secure and trustworthy platform for all users, ensuring your information and digital assets are protected against potential threats.
In engaging with OpenTRD's website and the subscription services it offers, users undertake a significant declaration. They affirm their legal capability to enter into binding agreements, ensuring they meet the age requirement of 18 years or the age of majority within their jurisdiction. This certification extends to juristic persons, where the individual conducting transactions on behalf of the organisation is duly authorised to do so. By proceeding with the use of our services, users signify their acceptance of these terms, thereby establishing a foundation of trust and legal compliance between themselves and OpenTRD.
As users explore the possibilities within our suite of subscription plans—ranging from Free to Enterprise subscriptions—they are encouraged to thoroughly review their options. OpenTRD provides an opportunity to assess and amend their subscription choices, including the selection of subscription levels and the enumeration of active users, ensuring the accuracy of provided information. It is crucial for users to understand that OpenTRD operates on the principle of current availability and pricing; thus, we cannot guarantee service provision under previously advertised conditions if those offerings have since been modified or are no longer available.
Flexibility is a cornerstone of our subscription model, allowing users to adjust their plan according to evolving business needs or preferences. Such adjustments can be made by reaching out to OpenTRD through the specified contact details. It is important to note that switching to a higher-tier plan may incur additional costs, reflecting the enhanced features and benefits associated with the upgraded subscription.
This comprehensive approach to subscription management underlines OpenTRD's dedication to providing a user-centered, secure, and legally compliant digital platform. Our policies not only prioritize the protection of user information through stringent security measures but also uphold the principles of transparency and adaptability in our subscription services. Through this, OpenTRD aims to empower users with the tools and confidence needed to navigate the digital landscape effectively, backed by a commitment to excellence and integrity in all aspects of our operations.
III. Pricing and Payment Policies
Pricing Structure
OpenTRD is committed to transparency and fairness in our pricing strategy for the range of subscription plans we offer. The cost associated with each plan is clearly outlined on our website, reflecting a per-user basis calculation that considers both the chosen subscription model and the total number of users being registered. Our pricing options include flexible billing cycles, allowing users to opt between monthly and annual billing plans, with the latter potentially available at a discounted rate to reward longer-term commitments
We reserve the unilateral right to adjust subscription prices and rectify any pricing inaccuracies as they are identified, without prior notification to users. Such adjustments will be effective immediately upon posting on our website, emphasising the importance of regularly reviewing our pricing details. It is pertinent to note that quoted prices are only valid during their stated validity period and become binding upon the processing and confirmation of your subscription order. In the event a subscription plan's pricing is no longer listed on our website, it indicates the discontinuation of that specific plan offering.
All pricing is denoted in South African Rands (ZAR) and is exclusive of Value Added Tax (VAT) and any other applicable taxes, in adherence to the Value Added Tax Act of 1991. International users desiring to make payments in a currency other than ZAR are encouraged to reach out directly to our finance department for assistance.
Payment Process
OpenTRD facilitates a variety of payment methods available on our website, ensuring a seamless transaction experience. Users are required to utilise a singular payment method for each transaction to prevent complications. We do not accept payments via cheque. In instances where payment is made using a credit card, we may seek additional information to authenticate and authorise the transaction. Failure to obtain such authorisation may result in the suspension of access to the subscription plan until the necessary validations are completed.
The responsibility to cover the total purchase price, inclusive of VAT and any additional fees, lies squarely with the user. Our obligation to grant access to paid subscription plans is contingent upon the successful clearance of payment through the banking system and receipt of funds in OpenTRD’s account. Orders will be automatically cancelled should payment fail to be processed accordingly.
Online Payment Security
Recognising the inherent risks of online transactions, OpenTRD employs advanced encryption technologies to safeguard all payments made through our website. However, users acknowledge the potential for internet-based transactions to be intercepted. While we take substantial measures to ensure the security of these transactions, OpenTRD cannot be held liable for any losses incurred due to such interceptions.
Third-party payment service providers process online payments, over which OpenTRD has no direct control. Consequently, OpenTRD disclaims liability for any damages or losses resulting from the actions or omissions of these service providers. By proceeding with online payments, users consent to the retention and use of their card details by these providers, aligning with our commitment to maintaining a secure and user-centric payment ecosystem
IV. Cancellations
Annual Subscription Plans
OpenTRD values the commitment made by users opting for our annual subscription plans, which are available at a preferential rate to acknowledge their extended engagement. Such plans require a full prepayment based on the prevailing annual rate, covering a twelve-month subscription period. It is important for our users to understand that should they decide to cancel their annual subscription prematurely, no refunds will be issued for any fees or charges already paid. This policy is designed to maintain fairness and predictability in our subscription agreements, recognising the value of the services accessed during the subscription term.
Monthly Subscription Plans
For users preferring greater flexibility, OpenTRD offers monthly subscription plans. These plans are billed in advance each month, based on the current monthly rate at the time of billing. Similar to annual subscriptions, should a user decide to cancel their monthly subscription ahead of the next billing cycle, no refunds will be provided for the month already paid for. This approach ensures that all users have the freedom to manage their subscription while being mindful of the commitments made upon subscription.
Statutory Rights
Notwithstanding the aforementioned conditions, OpenTRD acknowledges and upholds the statutory rights of all users as mandated by applicable laws and regulations. Our cancellation policy does not intend to, nor shall it, infringe upon any inalienable rights users may have under such laws, including but not limited to those rights protected under the Consumer Protection Act of 2008 (CPA) within South Africa. Where applicable, users are entitled to any relief provided by the CPA or similar legislation, ensuring that our policies are both fair and compliant with statutory requirements.
V. Warranties and Liability
Engagement with OpenTRD's subscription services is underpinned by the user's acceptance of inherent risks and the acknowledgment that the digital solutions provided, while meticulously designed and implemented, are not infallible or free from errors. OpenTRD, to the fullest extent permitted by applicable laws, disclaims all liability for any form of loss, damage, cost, expense, injury, claim, or penalty, whether direct, indirect, consequential, or otherwise, that may arise from the use of or reliance upon our subscription services. This encompasses any issues stemming from latent or patent defects within the services themselves or their operational use.
Furthermore, users agree to indemnify OpenTRD against any liabilities, losses, damages, penalties, costs, or claims incurred as a result of their actions or omissions in the context of using the subscription services. This includes scenarios where incorrect or inaccurate data input by the user results in erroneous information output by the services. The responsibility for the accuracy and correctness of data entered into our platform rests solely with the user, including data input by other users of the website.
OpenTRD expressly limits the provision of warranties and representations to those explicitly stated within these Terms, neither extending nor implying any further guarantees beyond the described service offerings. Our liability does not extend to delays, failures, breaches, or non-compliance with our obligations under these Terms when such issues are beyond our reasonable control.
It is our intention that these Terms do not, and should not be construed to, limit OpenTRD's liability in any manner that would be unlawful or prohibited by the Consumer Protection Act, 2008, the Electronic Communications and Transactions Act, 2002, or any other applicable legislation within the Republic of South Africa. Our commitment is to operate within the legal framework, ensuring our practices are not only compliant but also prioritise the protection and satisfaction of our users.
VI. Website Use and Liabilities
Access and Engagement with OpenTRD's Website
The use of OpenTRD's Website, including all information, content, materials, and services provided therein, is subject to user acceptance of inherent risks and is offered on an "as is" and "as available" basis. OpenTRD disclaims all warranties and representations, whether express or implied, regarding the operation of the Website and the accuracy or completeness of its contents.
Liability Limitations
OpenTRD's liability for any losses or damages arising from the use of the Website, breach of these Terms, or interaction with the subscription services is, to the extent permitted by law, strictly limited to the purchase price of the product or services procured by the user. This limitation encompasses both direct and indirect losses, including but not limited to consequential damages and lost profits, irrespective of the cause, whether it be due to inherent defects in the Website or the information provided thereon.
Users bear full responsibility for their use of the Website and agree to indemnify OpenTRD against any liability, loss, or damage that arises from their actions or omissions in relation to the Website or its use, extending to any third-party interactions or consequences thereof. OpenTRD is not liable for delays, failures, or non-compliance with its obligations that are beyond its reasonable control, including but not limited to internet disruptions or system failures.
Legal Compliance and User Responsibilities
The Terms provided do not seek to unlawfully limit or exclude OpenTRD's liability in ways that would contravene the Consumer Protection Act, 2008, the Electronic Communications and Transactions Act, 2002, or other relevant South African laws. Users are prohibited from using the Website in any manner that infringes upon the intellectual property rights of OpenTRD, disrupts the Website’s functionality, or violates legal statutes. OpenTRD reserves the right to modify the Website's content and offerings without notice and is not responsible for the content or accuracy of third-party websites linked to or from OpenTRD's Website.
Content and Contributions
All material uploaded by users to the Website is considered non-confidential, granting OpenTRD the right to use, adapt, and share such content. Users must ensure that any content they post or upload is their own, accurate, and not in violation of these Terms or applicable laws. OpenTRD is not liable for the Website's unavailability caused by external factors, and users indemnify OpenTRD against losses resulting from such downtime.
Breach and Remedies
Should a user violate these Terms or engage with the Website in an unauthorized or illegal manner, OpenTRD reserves the right to terminate the user’s access immediately, without liability and without waiving any other rights under these Terms or applicable law. Users commit to ensuring that their interactions with the Website are lawful, respectful, and not harmful to others.
By engaging with OpenTRD's Website, users affirm ownership and control over their contributed content, guaranteeing its legality and appropriateness. OpenTRD remains committed to upholding the integrity of its digital environment, ensuring a secure and positive experience for all users.
VII. Disclaimer
OpenTRD serves as a dynamic platform enabling users to exchange business-related information, and engage in interactions and transactions with a myriad of businesses and other platform users. While OpenTRD actively validates a certain extent of certificates and documents within our system, and offers tools designed to aid in the verification of suppliers, it is important for users to understand that not all information, accreditations, certificates, documentation, commentary, advice, suggestions, or other forms of information shared on the platform undergo direct verification by OpenTRD.
Accordingly, OpenTRD cannot assure the absolute accuracy, validity, or current status of the information made available through our platform. Users are encouraged to engage with and utilise such information at their own risk and discretion. By accessing and using the OpenTRD platform, users agree to indemnify and hold OpenTRD harmless against any liability, losses, or damages that may arise from placing reliance on any information obtained through the platform, including information that may lead to transactions with other businesses or platform users.
VIII. Proprietary Rights
Users of OpenTRD acknowledge that the platform and its licensors hold exclusive ownership over all intellectual property found on the website, including patents, copyrights, trademarks, trade secrets, and any other forms of intellectual property. This encompasses all content displayed on the website, such as images, text, brand names, software, and other materials, all of which are protected under South African and international laws.
Users are obligated not to use, register, or employ trademarks, trade names, or any symbols that might infringe upon or be confusingly similar to OpenTRD's trademarks or could potentially harm the reputation or distinctive character of said trademarks. Unauthorised use, reproduction, or modification of any material on the website is strictly prohibited, as is any action that might impair the rights or interests of OpenTRD in its intellectual property.
The distinctive OpenTRD graphics, logos, and service names are proprietary to OpenTRD and cannot be used in connection with any product or service outside of OpenTRD's offerings, in any manner that may cause confusion or disrepute. Users must obtain prior written consent from OpenTRD to utilise any of its intellectual property.
IX. Prohibitions, Malicious Software, and Offences
Users are expressly forbidden from engaging in activities that could compromise the security or functionality of the Website. This includes, but is not limited to, sub-licensing the services, modifying or reverse engineering the subscription services, creating derivative works, or distributing any part of the service without authorisation. The introduction of viruses or any other malicious software intended to harm or disrupt the Website's operation is strictly prohibited.
Should a user violate these terms by introducing harmful software, attempting unauthorized access, or in any other manner that disrupts the Website's operation, OpenTRD reserves the right to terminate access immediately and without notice. OpenTRD will also cooperate with law enforcement in the event of such violations, including disclosing the user's identity as necessary.
X. Suspension and Deregistration
OpenTRD reserves the right to suspend or terminate access to the Website and its services at any time for any reason, including unlawful use or activities that contravene any applicable laws or regulations. Suspension or termination could result from violations of these Terms, misuse of the Website, or any actions that threaten the security or integrity of OpenTRD's services.
In the event of suspension or termination, users have no grounds for claims against OpenTRD. Such measures are taken to protect the platform's security, integrity, and the interests of all users and stakeholders.
XI. Privacy Policy Overview
OpenTRD is deeply committed to safeguarding the privacy and protection of personal information of all users engaging with our website, located at www.opentrd.com, and its related mobile sites and applications. By accessing and using the OpenTRD platform, users acknowledge and consent to the collection, use, and disclosure of their personal information in accordance with our Privacy Policy, a comprehensive document that outlines our data protection practices and the rights of our users in detail.
Our Privacy Policy is designed in full compliance with the Protection of Personal Information Act, 2013 (POPI), and other applicable data protection laws, underscoring our commitment to maintaining the highest standards of privacy and data security. It covers aspects including, but not limited to, the types of information collected, the purposes for which it is used, how it is processed and retained, and how users can exercise their data protection rights.
For a detailed understanding of how OpenTRD collects, uses, retains, and protects your personal information, as well as your rights and choices regarding this information, please refer to our complete Privacy Policy here
We encourage all users to review the Privacy Policy thoroughly to ensure informed engagement with our services. Should you have any questions or require further clarification regarding our privacy practices, please do not hesitate to contact us directly.
XII. Prohibitions, Malicious Software, and Offenses
Each Party selects the addresses listed in the footer of this document as the designated addresses to which all notices and other communications must be directed for the purposes of this Agreement and its domicilium citandi et executandi (“Domicilium”), where all documents in legal proceedings related to this Agreement must be served:
OpenTRD: As specified in the footer;
The User: According to the address provided when the User registered an account on the Website.
Any notice or communication that is required or permitted to be given to a Party under the terms of this Agreement will be considered valid and effective only if it is in writing and sent to the Party's designated address as indicated in the footer, with the understanding that documents related to legal proceedings in connection with this Agreement may only be served at a Party's Domicilium.
XIII. Governing Law
The entire provisions of these Terms shall be governed by and construed in accordance with the laws of South Africa. Furthermore, the Parties hereto hereby irrevocably and unconditionally consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Pretoria, in regard to all matters arising from these Terms.
XIV. General Provisions
OpenTRD shall not be bound by and the User shall not have any claim or right of action arising from any express or implied term, undertaking, representation, warranty, promise or the like which is not included or recorded in these Terms or the related contracts, whether it induced the contract and/or whether it was negligent or not. OpenTRD and the User mutually acknowledge that this agreement constitutes the entire understanding and agreement between them with respect to its subject matter and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings of any kind.
Except as provided for under these Terms, the User shall not cede, assign, or delegate any of its rights or obligations under these Terms without the prior written consent of OpenTRD, which consent shall not be unreasonably withheld. This ensures that both parties maintain a clear understanding of their respective rights and obligations, thereby preventing any potential conflicts or misunderstandings
If any clause or term of these Terms should be invalid, unenforceable, defective, or illegal for any reason whatsoever, then the remaining terms and provisions of these Terms shall be deemed to be severable and shall continue in full force and effect unless such invalidity, unenforceability, defect, or illegality goes to the root of these Terms. This clause emphasises the intent of the parties to uphold the remaining valid provisions of the Terms, ensuring that the fundamental purposes of the agreement are not undermined by any invalid or unenforceable provisions.
If at any time there is a failure by OpenTRD to insist on strict performance of any of the User’s obligations under these Terms and related contracts, this shall not be construed to be a waiver of such rights and shall not relieve the User from compliance with such obligations. A waiver of any one default is not to be interpreted as a condonation of any other or further defaults. This underscores the importance of adherence to the Terms and clarifies that any leniency shown by OpenTRD does not constitute a waiver of its rights.
Any and all communications between the parties, whether legal or merely for notification purposes, correspondence, or for any other reason will only satisfy any legal requirement if it is reduced to writing whether electronic or otherwise. This provision is crucial for ensuring that all significant communications are documented, thereby providing a clear record of any agreements, notices, or other communications relevant to the Terms.
XV. Contact Details
OpenTRD can be contacted on +(27) 10 045 1055, www.opentrd.com/contact ,or at help@opentrd.com for any inquiries or further information regarding these Terms
XVI. Disclosure of Information
Merchant: OpenTRD Proprietary Limited
Physical address: 100 3rd Rd, Hyde Park, Sandton, 2196
Postal address: 100 3rd Rd, Hyde Park, Sandton, 2196
Telephone number: +(27) 10 045 1055
E-mail address: help@opentrd.com
Website address: www.opentrd.com
VAT number: 4320290838
OpenTRD will receive service of documents in legal proceedings at the above physical address.
Place of registration: Republic of South Africa.
Registration date: 17/09/2019
Names of office bearers: Pravin Maharaj, Akshar Maharaj, Akshay Maharaj.
Copyright©2019 OpenTRD.
All rights reserved.