1 .INTRODUCTION

  1. INTRODUCTION
Welcome to RealPPE website, an e-commerce marketplace platform herein also referred to as “RealPPE”, “RealPPE marketplace”, “marketplace”, “site”, “Us”, “Our”, “the company” or “We“. RealPPE owns and operates the Website.

These Terms and Conditions of use regulate your access to and use of the website which includes: all content, functionality and services offered on or through our website.

Your use of the Site (including accessing and browsing) confirms your unconditional agreement to be bound by these Terms and is subject to your continued compliance with these Terms. If these Terms of Use are inconsistent with any other terms or guidelines of any particular service, the provisions of these Terms of Use will supersede all the other terms or guidelines.

We reserve the right to revise these Terms at any time by amending this page and your continued use of the Site after any such amendments are published on the Site will be considered acceptance by you of such amended Terms. Updated terms will supersede all previous versions of the Terms. Please check this page regularly to take notice of any changes we have made, as they are binding on you.

Your continued use of our website signifies that you agree to these Terms of Use. If you do not agree to these Terms of Use, please do not use our website.

2 . DEFINITIONS

  1. Buyer: anyone who purchases products through our site
  2. Seller/supplier: anyone who sells products through our website
  3. Products: a wide variety of PPE products including by not limited to masks, protective clothing, face shields & goggles, gloves, disinfectants, medical devices, Testing kits & swabs and any other products as provided by sellers.
  4. User account: buyers and sellers must create an account with our platform through which all business transactions are to be conducted and concluded.

3 . SERVICES

  1. We own and operate this e-commerce marketplace platform that allows sellers/suppliers to sell Personal Protective Equipment (PPE) products to the public over the internet.
  2. We have partnered with TradeSafe who are a third-party escrow service provider that keeps the buyer’s funds in trust until the products that have been ordered are successfully delivered at the buyer’s chosen address.
  3. Our courier partners will collect the orders from our sellers and ensure they are delivered at the buyer’s chosen address.

4 . SERVICE AVAILABILITY

  1. Our Services may be modified, updated, interrupted, suspended or discontinued at any time, in the sole discretion of the Company, without notice or liability. The Service may be unavailable at certain periods, including but not limited to systems failures, anticipated or unanticipated maintenance work, upgrades or force majeure events.
  2. We reserve the right, at any time, in our sole discretion to modify, temporarily or permanently block access to, suspend, or discontinue the Service, in whole or in part, with or without notice and effective immediately to any User.
  3. We will have no liability whatsoever for any losses, liabilities or damages you may incur as the result of any modification, suspension, or discontinuation of the Service or any part thereof.
  4. Use of the Service is subject to the terms of our Privacy Policy which is hereby incorporated into and made part of this Terms of Use. Please carefully review our Privacy Policy. By using or accessing the Service, you agree to be bound by the terms of our Privacy Policy.

5 . LIMITATION OF USE

  1. All content in our website is protected by South African and international copyright laws, treaties and conventions.
  2. Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark“) contained on the Website are proprietary to us or our partners or our sellers or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of our partners and/or the respective copyright owners.

6 . YOUR USE OF OUR WEBSITE

  1. You may send us reviews, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters and mass mailings. You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right to remove or edit any such content.

7 . SELLERS

  • You acknowledge and agree that:
  1. Sellers create accounts on RealPPE to allow Buyers to purchase their products and/or services.
  2. For security reasons, we may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues or improper behavior reported by other users.
  3. Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.
  4. The platform provides an online location for sellers to sell and buyers to purchase products; we shall accept binding sales, on behalf of sellers, but RealPPE is not a party to the transaction between the seller and the buyer; and a contract for the sale and purchase of a product or products will come into force between the buyer and seller, and accordingly you commit to buying or selling the relevant product or products, upon the buyer’s confirmation of purchase via the marketplace.
  5. Subject to these general terms and conditions, the seller’s terms of business shall govern the contract for sale and purchase between the buyer and the seller.Not with standing this, the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:
    1. the price for a product will be as stated in the relevant product listing;
    2. the price for the product must include all taxes and comply with applicable laws in force from time to time;
    3. delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, will only be payable by the buyer as stated throughout the buying process (including at check-out);
    4. products must be of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer;
    5. the seller warrants that the seller has good title to, and is the sole legal and beneficial owner of, the products, and that the products are not subject to any third party rights or restrictions including in respect of third party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings
      • Sellers registering their products and/or services on our platform should access the full RealPPE Sellers Agreement by clicking here.

8 . DEALING WITH SELLERS.

  1. RealPPE marketplace is for the sole purpose of connecting Users (i.e. Buyers) with other Users who are also Providers (i.e. Sellers), and facilitating the purchase of personal protective equipment between the parties.
  2. We make no guarantees, warranties or representations regarding the skills or undertakings of Sellers or the quality of their products or the existence of the products. We do not endorse or recommend the services or products of any particular Seller. Sellers are not employees or agents of RealPPE, nor RealPPE an agent of the Sellers. RealPPE shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with, or relating to, the products and services of a Seller.

9 . TRANSACTIONS; PAYMENTS, SUBSCRIPTIONS, AND REFUNDS

  1. We provide a platform through which sellers can offer their products, affiliates can market their products, and buyers can purchase the products. The terms of a buyer’s purchase of products from seller are subject to all terms and conditions contained on the order page, in addition to any terms disclosed by seller. Review the terms of your purchase prior to placing your order.
  2. We herein expressly disclaim any liability whatsoever for any claims, demands, injuries, losses or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any product sold by a seller to a buyer through the Services. By using the Services, you represent, understand, and expressly agree to release and hold Us harmless for any claim, demand, injuries, losses or controversy that may arise from any products purchased by customer and from any disputes between you and any other user(s) of the Services.
  3. It shall be the sole and absolute responsibility and decision of the buyer and seller to determine the nature, type, and scope of products to be provided by the seller to the customer, if any, and the price and payment terms for such products. We shall have no role or responsibility whatsoever with regard thereto. Whether a buyer chooses a particular product is the buyer’s decision.
  4. We will facilitate the buyer’s payment for product through the use of a payment processor. In order to be eligible to use the Services, you must register and create an account with Our supported payment processor (your “Payment Processing Account”), which includes supplying all information required by such supported payment processor. You are responsible for complying with all requirements for registration with such supported payment processor and for otherwise complying with all applicable terms and conditions located on the supported payment processor’s website.
  5. As you are aware that this marketplace sells products that are generally of an intimate personal care nature (i.e. personal protective equipment), please take note that manufacturers and suppliers of PPE have imposed stricter “product return” measures in order to stem the spread of the Covid-19 virus and also to mitigate against any other public health/safety/hygiene risks.
  6. Consequently, and as a general rule, this marketplace applies the “All Sales are Final” policy on all products sold on this marketplace. Of course, there are exceptions to this rule, and these exceptions would generally apply to unopened, unused, undamaged products under specific conditions or products that satisfy certain additional criteria. Please click here for more information on our Refund and Returns Policy.
  7. Where you cancel a payment by giving instruction to your bank to return your funds, and they do so, or your billing details provided are no longer valid, you will be liable to for any penalty which incurred to that bank or other payment processor.
  8. Where the Fees are described in a different currency to that which you use, you accept all risk for any currency fluctuations, and you undertake to pay the Fees in full in our stated currency. You similarly undertake to pay any levy that may arise because of the currencies differing.

10 . THIRD PARTY SITES

  1. You should be aware that when you visit the Website, you could be directed to other sites beyond our control including links to or from affiliates and content partners that may use our Marks as part of an affiliate relationship. When you click on a link that directs you away from the Website, the site to which you are directed may not be controlled by us and different terms of use and privacy policies may apply which you should carefully read and evaluate. You acknowledge that we are not responsible for examining or evaluating, and that we do not warrant the offerings of, any such third party or the content of their sites. We do not assume any responsibility or liability for the actions, products, or content of any third party or any third party site. We reserve the right to disable links from or to third-party sites, although we are under no obligation to do so.

11 . DISCLAIMER OF WARRANTIES

  1. THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING USE, OR THE RESULTS OF USE, OF ANY CONTENT, PRODUCT OR SERVICE CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITE OR SERVICE LINKED TO FROM THE WEBSITE (AND SPECIFICALLY NO REPRESENTATION OR WARRANTY OF CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY ORSAFETY).
  2. WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF INFORMATION, CONTENT AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM THE WEBSITE. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM THE WEBSITE OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR WEBSITE. WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT), ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.
  3. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS DISCLAIMER AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PROPERTY DAMAGE.

12 . INDEMNIFICATION

  1. You hereby agree to indemnify, defend, and hold us, and our licensors, successors, directors, owners, managers, members, employees, agents, representatives and assigns, harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.

13 . INTELLECTUAL PROPERTY

  1. We are the owner and/or authorized user of all RealPPE trademarks, trade names, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise expressly indicated. Except as provided in these Terms, use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site. Except as provided in these Terms, any use or reproduction of the intellectual property is strictly prohibited. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade mark, service mark or logo displayed on this Site without our prior written permission or the prior written permission of such other third party that may own the trade mark, service mark or logo displayed on this Site. Your use of the trademarks, service marks or logos displayed on this Site, except as provided herein, is strictly prohibited.

14 . AMENDMENT

  1. At our discretion, we reserve the right to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any change to these Terms of Use will constitute your assent to and acceptance of the revised Terms of Use.

15 . APPLICABLE LAW AND DISPUTES

  1. These Terms of Use, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms of Use, will be governed by the laws of South Africa. Any dispute relating in any way to your visit to the Website or to our services shall therefore be solved first by arbitration with an arbitrator as shall be agreed upon before any other resolution mechanism is reached.

16 . FORCE MAJEURE

  1. Except for the obligation to pay monies due and owing, neither you nor we shall be liable if either of us cannot perform in terms of any agreed terms due to reasons beyond our control. This includes lightning, flooding, exceptionally severe weather, fire, explosion, war, civil disorder/unrest, industrial disputes, acts or omissions of persons for which we are not responsible, and acts of government or other competent authorities (including power supply, telecommunications and internet service providers).

17 . ELECTRONIC COMMUNICATIONS

  1. When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

18 . MISCELLANEOUS LEGAL PROVISIONS

  1. We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or features of the Website at any time for any reason, without notice.
  2. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Website. Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  3. Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other.
  4. If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
  5. These Terms of Use constitute the entire agreement between you and us regarding the Website and supersedes any prior or contemporaneous agreement regarding that subject matter.

19 . ACCEPTANCE OF TERMS OF USE

  1. By accepting our terms of use, Users are concurrently accepting our partners’ terms of use and data privacy policies.
  2. Tradesafe’s terms of use can be accessed by clicking here.
  3. Tradesafe’s privacy policy can be accessed by clicking here.