Business trading platform


End User Licence Agreement & General Terms of Use

  1. Chiba Commerce 24 (Pty) Ltd – End User Licence Agreement
    1. By browsing the Website and utilising/engaging the products and services offered thereon, the user accepts these terms fully and unconditionally.
    2. These terms and conditions may limit the user’s rights and recourse, and in terms of the Consumer Protection Act No 68 of 2008 the user should take special note of such limitations.
  2. Definitions
    1. Commerce24” means the creator, developer, owner and operator of the Website, a lawfully registered and incorporated company, with Registration No. 2021/759648/07;
    2. content” means, and shall include but not be limited to, any and all patents, designs, trademarks, copyright, visual and user interfaces, text, graphics, software, pictures, code, artwork, structure, arrangement, and aesthetics of the Website;
    3. data” means information, statistics and records collected by the Website; 
    4. products” means assets, juristic entities, businesses, equipment, or stock of third party vendors published on the Website;
    5. purchaser” means any person who utilises the Website with the intention of purchasing a product or engaging with a seller, or who purchases a product following engagement with a seller after introduction or otherwise becoming aware of the seller or product through the Website;
    6. sellers” means any person who utilises the Website to list a product for sale or disposition;
    7. the Website” means the domain and associated pages;
    8. user” means any person who downloads, uses, accesses, or otherwise engages with the Website in one fashion or another, and which includes but is not limited to sellers and purchasers.
  3. About commerce24
    1. As a business and commercial asset trading platform, Commerce24 offers you the opportunity to sell, and purchase, a range of assets including operating businesses, business equipment, machinery and tools as well as bulk stock.
    2. Purchasers and sellers will be required to register on the Website, providing personal information and data which will be stored in terms of relevant legislation. 
    3. Registration will permit sellers to list products for sale, and for users and prospective purchasers to browse products for sale and obtain the information necessary in order to contact a seller and negotiate a transaction.
    4. Commerce24 will facilitate the display and listing of products for sellers, to allow browsing and consideration by the users. 
    5. Commerce24 does not offer any products for sale, and is not the seller or supplier of any such transaction. Commerce24 as the intermediary through which prospective sellers and purchasers will establish first contact.
    6. It is incumbent upon sellers and purchasers to negotiate and conclude the final agreement relating to the sale or disposition of any product. Commerce24 makes no warranties, nor does it accept any responsibility or liability in respect of any transactions concluded between sellers and users.
    7. The sellers and users acknowledge and accept that Commerce24 acts as a forum for the products, which are offered by third party sellers and purchased by third party users. Commerce24 is ultimately unable to guarantee the provision of either the products, their purchase price, or any other performance due between seller and user.
  4.  Privacy
    1. By downloading and utilising the Website, the user gives consent for the collection and storage of any personal information required for the provision of the Website’s services and functions. These personal details may include but are not limited to the user’s location, name, contact details and any associated data.
    2. The user accepts that, by its very nature, personal information of the user (particularly in the case of the seller) will be published on the Website. Commerce24 undertakes to specifically indicate what information will be displayed, and what categories of Website users will be entitled to view such personal information.
    3. The data shall remain in the possession and electronic storage of Commerce24 for as long as is deemed necessary for legal and operational purposes.
    4. Only the data which has been specifically indicated to the user shall be disclosed to a third-party. Records of any disclosure to a third party will be kept for as long as is deemed necessary for legal and operational purposes.
    5. Commerce24 reserves the right to delete any data stored after the period of one year, or whatsoever other statutory period may be prescribed.
    6. Commerce24 shall be entitled to utilise the data, without consent by the user, for compilation, profiling, and statistical purposes without reference to the specific user.
    7. In the event of civil or state action or order being taken against Commerce24, any data collected through the Website may be provided to such third parties as is demanded or required by law.
  5. User rights and responsibilities
    1. It is acknowledged and confirmed by the user that, by downloading/installing/using the Website, he or she has concluded an automated transaction and valid electronic agreement with Commerce in terms of the Electronic Communications and Transactions Act No. 25 of 2002.
    2. By nature of the products, electronic media, and services provided, the user shall not be entitled to any refund or return of remuneration paid to Commerce24.
      1. In certain circumstances, Commerce24 may assist the user to obtain a refund in relation to services provided by the Website, however Commerce24 makes no guarantee that such assistance will be offered or the refund obtained, and it is entirely within Commerce24’s discretion whether or not to do so.
    3. The user further acknowledges that, once the data has been dispatched to the user by the Website, he or she has received immediate benefit from same and the performance cannot be returned.
    4. Should the user fail to provide timeous notice of an intention to request cancellation of a pre-purchase or subscription service, Commerce24 shall have the discretion whether to permit such cancellation, to refuse such cancellation, or to permit the cancellation subject to the payment of a reasonable cancellation charge fee.
    5. In the event that the user seeks to cancel or reverse payment of any amount due to Commerce24 unilaterally, Commerce24 shall be entitled to immediately terminate the provision of any existing or future services to the user.
    6. In the event that Commerce24 becomes aware of possible criminal activity by the user with respect to their means of payment or their conduct generally, including but not limited to fraud or the use of stolen payment credentials, Commerce24 shall be entitled to immediately terminate the provision of any existing or future services to the user and notify the appropriate authorities.
    7. Users may not utilise the Website for the conduct of any criminal or unlawful activities, or to make any defamatory or injurious publications thereon.
    8. For the avoidance of any doubt, it is recorded that the users shall be responsible for their own due diligence with respect to any product, other user, seller or purchaser. Users shall further be solely responsible for the consideration and conclusion of any necessary contractual, legal, statutory or other requirements in respect of the finalisation of any transaction for the purchase, sale or disposition of a product.
      1. Commerce24 may, at its discretion, make recommendations to the user in relation to prospective issues, contractual points of interest, or suggested due diligence processes – however, in doing so Commerce24 does not accept any responsibility or liability whatsoever, and the user accepts that they must fully and completely satisfy their own due diligence process and that every aspect of the prospective transaction is fit for purpose.
  6. Liability and Warranty
    1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
    2. Commerce24 does not, in any way, warrant or guarantee any aspect of the provision of the products or the associated transaction, including but not limited to:
      1. the availability of the products;
      2. the ability of the user to utilise or access the products;
      3. the content and value of the products;
      4. timeous delivery of the products;
      5. the operation or conduct of any seller or third party in relation a transaction relating to any of the products.
    3. The user acknowledges that Commerce24 does not have any liability for any errors in the products or associated data as provided to the user, through mistake, negligence, or electronic/computer malfunction. Commerce24 provides no warranty as to the accuracy of any content or data on the Website.
    4. Commerce24 accepts no responsibility for the information and/or data provided to it by the user, and the user shall bear the onus of rectifying any faults or inaccuracies.
    5. The user warrants that he or she is permitted to utilise the goods, services and products offered by the Website and Commerce24.
    6. Commerce24 bears no responsibility or liability whatsoever in relation to any product or related transaction, and the user shall be required to engage with the associated third party seller/purchaser vendors for the resolution of any issues, enforcement of any rights, performance of any obligations.
    7. Commerce24 does not accept any responsibility, nor it is liable, for any damages, consequential damages, direct or indirect loss (economic or otherwise), or any other harm which may result from the use of the Website or the products. This exclusion of liability is extended to any possible consequences which may befall the user as a result of the products or user data being conveyed to third parties.
    8. The Website is dependent on various electronic and information technology infrastructure to function, including but limited to cellular telephone network service, internet and broadband service, and computer hardware and servers. As such Commerce24 bears no liability in relation to the failure of such services or hardware, and has no liability to the user in relation to their continued use or deprivation of access to the Website, or its functions.
    9. Commerce24 has no responsibility in relation to the cellular, internet, or other means of telecommunication which facilitate the functions of the Website or the use of the products. This includes but is not limited to mobile data usage and internet fees which the user may accrue, which shall be solely for the user’s account.
    10. The user accepts all responsibility in relation to the protection of data and their access to the Website. Commerce24 accepts no liability whatsoever in relation any breach of security in the Website or access to data, whether or not such breach occurred as a result of the negligence or malfeasance of Commerce24 or its employees.
    11. If Commerce24 is found, by a competent court of law, to be liable for damages incurred by the user or a third party resulting from the use of Website or product(s), such damages shall be limited to amount paid by the user to Commerce24 for the use of the Website or in relation to services directly provided by Commerce24 to the user.
    12. While Commerce24 may undertake a degree of assessment and verification of other users of the Website, including the category of “verified users”, the user accepts that this verification is for general indicatory purposes only, and that Commerce24 provides no warranty whatsoever in relation to the veracity of such information, the status or details of products, the conduct or identity of other users, or any other data which may be accesses or utilised by a user.
    13. Commerce24 accepts no liability and provides no warranty in relation to the user’s accessing any third party website(s) through the use of the Website or any damages or loss which may be suffered as a result therefrom.
  7. Ownership
    1. Commerce24 shall at all times remain the sole and exclusive owner of the content, as well as any intellectual property rights in relation to the Website or the content.
    2. The user shall be personally liable for any breach of Commerce24’s rights of ownership or intellectual property in the Website and content.
    3. Third party sellers will retain all intellectual property rights associated with their own products.
    4. The user is prohibited from modifying, copying, reverse-engineering, hacking, reproducing, scanning for vulnerabilities or scraping the Website or products to retrieve content or data. The user is further prohibited from attempting to access, overload or damage Commerce24 or Website infrastructure or server.
    5. The user shall, at no time, act or purport to represent Commerce24 to any third parties or other users.
    6. The user shall not use the Website, content or data for any illegal purposes. If Commerce24 finds that this has occurred, it reserves to the right to immediately terminate the user’s access to the Website and data, and thereafter inform the relevant authorities.
  8. General
    1. Commerce24 reserves the right to terminate the Website, data, or service and the user’s access thereto at any time and in Commerce24’s sole discretion.
    2. By downloading and access the Website and accepting these terms, the user gains the personal right to their use and access. This right is not transferable without the express written permission of Commerce24, and any other third parties who may have a legal interest therein.
    3. Changes to the Website itself may render it, or the data, unusable on certain devices.
    4. Commerce24 reserves to the right to modify these terms at any time, and should the user not consent or accept such modified terms they are to cease usage of the Website and products in all respects, and delete/destroy any and all copies of same in their possession.
    5. Any failure or election by Commerce24 not to enforce its rights in terms of these terms and conditions shall not be construed as a waiver or limitation against later enforcement.
    6. No amendment to these terms shall be valid unless reduced to writing and physical signed, by hand, by authorised representatives of the parties.
    7. This agreement constitutes the whole agreement between the parties, and no other verbal or written evidence or terms shall be valid unless contained herein. 
    8. Commerce24 reserves the right to display or play advertisements for other goods and services through the Website at its discretion, such advertisements being for Commerce24 or for third party products. Commerce24 accepts no responsibility or liability for the content of such advertisements, nor any results or harm which may be suffered by the user or any other person who activates or engages with the advertisements.
    9. Commerce24 reserves the right to require the user to interact with third party software, emails, payment gateways, or websites in order to facilitate access to the Website’s services or the products.
    10. Commerce24 reserves the right to alter or amend the charges and fees it levies for the Website or in-Website purchases at any time.
    11. Users shall not be entitled to cede or assign any right or obligation in terms of this agreement to any third party without the express written consent of Commerce24.
    12. Any advice or correspondence received from Commerce24 shall not constitute legal and binding warranties or offers for performance unless it is expressly described as such and the person who offers such warranty or performance has the requisite authority to do so.
  • For the purposes of any legal or material dispute regarding the Website, Commerce24 remains the offeror of services in the form of the Website, and the acceptance of that offer shall be deemed to have been received at Commerce24’s primary place of business.
  • Therefore the parties acknowledge the jurisdiction of the High Court of South Africa, [Western Cape], to hear any and all disputes in relation to the Website, regardless of the user’s location at any time before, during, or after the downloading/installation/use of the Website.
  • Commerce24 herein confirms its contact information and identifying details below:
  • 5 Harman Rd, Claremont, Cape Town, 7708.