1.1) This document sets out the terms and conditions ("Terms") of [DytaBank (Pty) Ltd, Registration number 2023/520321/07] ("Dytabank") pertaining to the access and use of the information, products, services and functions provided on www.dytabank.com ("Website").
1.2) The Website enables you to store your personal information for purposes of selling it (“Goods”), at a set price, to Buyers who shall process it in order to digitally market their product offers to you at competitive prices.
1.3) Dytabank allows Dytabank third parties to market their products on the Website (“Buyers”). Dytabank will indicate on relevant product pages and checkout pages when an offer is received from a Buyer for the purchase of your Goods and again later, Dytabank will indicate when a competitive product offer is obtained.
1.4) The Website is currently free of charge to the Seller(“Data Owner”). DytaBank.com makes money via commission fees that are included in the selling price determined by the platform and platform fees that may be charged to the buyers.
1.5) You are encouraged to read the Legal Notices and Disclaimers, incorporated on the site. These can be downloaded and/or printed for reference purposes.
1.6) Should any person that accesses the Website ("you", "user” or “Seller") disagree with any of the Terms, you must refrain from accessing the Website and/or using our services.
1.7) If you are under the age of 18 (eighteen), you must obtain your parents' or legal guardians' advance authorisation, permission and consent to be bound by these Terms and before utilising any products or services. Therefore, your parent or legal guardian agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
1.8) If you provide any personal information of children under the age of 18 (eighteen), then you may do so only with the consent of their parent or legal guardian.
1.9) Dytabank reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website.
1.10) Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by Dytabank from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website.
1.11) We will however give you prior notice where we have collected personal information from you and the purpose for which we collected that information, ifs affected by the intended amendment.
1.12) If there is anything in these Terms that you do not understand then please contact us as soon as possible, see clause 12 below for contact details. Please note that calls to us are charged at national rates and may be monitored for training, security and quality assurance purposes.
2.1) Dytabank reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.
2.2) Dytabank reserves the right to change and amend the products, prices and rates quoted on this Website from time to time without notice.
2.3) Dytabank may use the services of third parties to provide information on the Website. Dytabank has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided "as is" and that Dytabank and its online partners shall not be liable for any losses or damages that may arise from the user's reliance on it, howsoever these may arise.
2.4) Dytabank makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
2.4.1) Dytabank does not warrant that the Website or information or downloads shall be errorfree or that they shall meet any particular criteria of performance or quality. Dytabank expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
2.4.2) whilst Dytabank has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user's system; and
2.4.3) Dytabank disclaims any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which Dytabank receives it and statements from external parties are accepted as fact.
3.1) Dytabank may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and Dytabank does not endorse, nor does the inclusion of any link imply Dytabank's endorsement of, such websites, their owners, licensees or administrators or such websites' content or security practices and operations.
3.2) While Dytabank tries to provide links only to reputable websites or online partners, Dytabank cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of Dytabank. Dytabank is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
3.3) You agree that Dytabank shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third party website.
4.1) Only registered users may sell their Goods on the Website;
4.2) To register as a user, you must provide a unique username and password and provide certain information and personal details to Dytabank. You will need to use your unique username and password to access the Website in order to sell Goods;
4.3) You agree and warrant that your username and password shall:
4.3.1) be used for personal use only; and
4.3.2) not be disclosed by you to any third party.
4.4) For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
4.5) You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for any loss or damage resulting from such use, save where any transaction resulting from such use is cancelled by you in accordance with these Terms and Conditions.
4.6) You agree that you shall not by yourself, or through a third party:
4.6.1) copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sublicence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
4.6.2) decompile, disassemble or reverse engineer any portion of the Website;
4.6.3) write and/or develop any derivative of the Website or any other software program based on the Website;
4.6.4) modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of Dytabank;
4.6.5) without Dytabank's prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the user;
4.6.6) remove any identification, trademark, copyright or other notices from the Website;
4.6.7) post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
4.6.8) notwithstanding anything contained to the contrary in these Terms, use the Website for any purpose other than personal, non-commercial and information purposes.
4.7) It is a condition of using the Website that you agree that feedback, comments and scoring may be provided about you as described below (“Scoring System Rules”). If you do not agree to this condition, then please do not accept these terms and conditions:
4.7.1) You are only permitted to score a user who is a Buyer if you have interacted (concluded a sale) with that Buyer and/or made a competitive product offer ("Scoring Criteria"). You may not provide a scoring for a Buyer outside the Scoring Criteria.
4.7.2) Seller’s scorings to buyers may only include commenting on whether the buyer provided correct information to facilitate delivery.
4.7.3) Whether payment for the transaction was made in full or within the 7 day period from placing the order are strictly for Dytabank.
4.7.4) Defamatory comments on scorings are not permitted and could have legal consequences as the scorings are visible in a public forum.
4.7.5) You may not abuse the scoring system. Abuse of the system includes using accounts of your friends or your own secondary accounts to lower the scoring score of another subscribed user or raise your own scoring score.
4.7.6) Threatening, abusive, racially vilifying, discriminatory or profane language is also abuse of the system and is not allowed.
4.7.8) Completed sales may be archived after 3 months from the date when the transaction was completed. Users will still be able to view archived transactions on their profile, but they might not be able to edit or create scorings once the trade has been archived.
4.8) We wish to promote and preserve free speech and therefore will remove feedback only in exceptional circumstances. Dytabank reserves the right to delete any scoring at its sole discretion upon an investigation into the scoring (although we are not obliged to do so).
4.9) If you feel that you have received an unfair scoring or you have evidence of any abuse of the Scoring System Rules, please contact our customer service department and we will investigate the matter.
4.10) Circumstances where Dytabank may delete a scoring include, but are not limited to:
4.10.1) if the scoring contains any links to other pages or images or contains information not related to interacting with the user on Dytabank in accordance with the Scoring Criteria;
4.10.2) if the scoring contains adult material or profane, abusive, racially vilifying, discriminatory or threatening language;
4.10.3) if we are required by law to do so; and
4.10.4) if the scoring falls outside the scoring rules as set out in 4.7 of this document.
5.1) In order to ensure the security and reliable operation of the services to all Dytabank's users, Dytabank hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
5.2) You may not utilise the Website in any manner which may compromise the security of Dytabank's networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should Dytabank suffer any damage or loss, civil damages shall be claimed by Dytabank against the user.
5.3) Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Dytabank and its affiliates, agents and/or partners
6.1) For the purpose of this clause, the following words shall have the following meanings ascribed to them:
6.1.1) "Intellectual property rights" means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by Dytabank, now or in the future, including without limitation, Dytabank's rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
6.2) All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website ("proprietary material"), are the property of, or are licensed to, Dytabank and as such are protected from infringement by local and international legislation and treaties.
6.3) By submitting reviews, comments and/or any other content (other than your personal information) to Dytabank for posting on the Website, you automatically grant Dytabank and its affiliates a nonexclusive, royaltyfree, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sublicense, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
6.4) All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.
6.5) Except with Dytabank's express written permission, no proprietary material from this Website may be copied or retransmitted.
6.6) Irrespective of the existence of copyright, the user acknowledges that Dytabank is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
6.7) Dytabank authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
7.1) All transactions will be processed in South African Rands (ZAR).
7.2) Dytabank endeavours to offer you competitive prices for the purchase of your Goods and for the Buyer’s product offers. Your total order price will include the price of the purchase plus any applicable sales tax.
7.3) If the sale of Goods was made before the 20th, payments to you will be processed via electronic funds transfer on the 1st of the following month. If the sale of Goods was made after the 20th, payments will be processed via electronic funds transfer on the 16th of the following month. Payments made will be the total that the seller has accumulated since the last payment.
7.4) You may contact us to obtain a full record of your transactions. We will also send you email communications about the sale of your Goods.
7.5) Buyers may place orders for your Goods, which you may accept or reject. Whether or not you accept an offer is your sole decision and DytaBank accepts no responsibility for you providing the information to the buyer. However information will only be provided to the buyer once DytaBank has received payment for your goods. The quotes presented, are based on limited information which was provided by you via the Website.
8.1) The user's use of this website and the information contained on the website is entirely at the user's own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
8.2) The transmission of information via the internet, including without limitation email, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall Dytabank be liable for any loss, harm, or damage suffered by the user as a result thereof. Dytabank reserves the right to request independent verification of any information transmitted via email and the user consents to such verification should Dytabank deem it necessary.
8.3) To the extent permissible by law:
8.3.1) Neither Dytabank, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if Dytabank knows or should reasonably have known or is expressly advised thereof.
8.3.2) The liability of Dytabank for faulty execution of the website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the website shall be limited to Dytabank rectifying the malfunction, within a reasonable time and free of charge, provided that Dytabank is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of Dytabank. However in no event shall Dytabank be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
8.3.3) You hereby unconditionally and irrevocably indemnify Dytabank and agree to hold Dytabank free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Dytabank or instituted against Dytabank as a direct or indirect result of:
188.8.131.52) your use of the website;
184.108.40.206) software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of Dytabank;
220.127.116.11) your failure to comply with any of the terms or any other requirements which Dytabank may impose from time to time;
18.104.22.168) the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
22.214.171.124) any unavailability of, or interruption in, the service which is beyond the control of Dytabank.
8.4) Dytabank makes no warranty or representation as to the availability, accuracy or completeness of the content of the website. You expressly waive and renounce all your rights of whatever nature that you may have against Dytabank for any loss suffered by you, as a result of information supplied by Dytabank being incorrect, incomplete or inaccurate.
9.2) Personal information when used in this Policy means information that can identify you as an individual or is capable of identifying you. By personal information we don't mean general, statistical, aggregated or anonymised information.
9.3) Your use of our services signifies your consent to us collecting and using your personal information as specified below.
9.4) By using this website, the user consents to the following: To transmit the information provided by you, upon your subscription to the website –
*To provide personally unidentifiable information about you to buyers who are interested in buying information that meets their criteria; This means that buyers will be able to search your information such as income, expenses etc without being able to identify you.
*to the Buyer whose illustrative product quote you are offered, for the purposes of the aforementioned Buyer to contact you and conclude the policy of product; and
*to affiliated partners and service providers, for the purposes of them responsibly processing your personal information in order to provide their services to us.
9.5) How we collect information about you
We mainly collect Personal Information directly from the Data subject i.e. the individual to whom the Personal Information relates, and in exceptional cases, where information about children is processed, we collect it from the parent or legal guardian of the children to whom the Personal Information relates;
you may provide personal information to us when communicating with us; and
if you enter a competition or participate in a promotion, we will ask for your name, address and email address and any other relevant information about you.
9.6) How we use your information We will only use your data in a manner that is appropriate considering the basis on which that data was collected, as set out the privacy notice.
We will also use your personal information to:
*let you know about our policies and terms of service;
*create and maintain your account and profile;
*connect your account to third parties(as specified in 9.8) to share your information;
*promote the information products we sell on your behalf to third parties on our site. This information will be shared with that third party, but only with your consent and for the purpose of that promotion;
*compare and analyse product quotes from third parties, but only where you have provided your consent and for the purpose of providing you with only those product quotes that are competitive;
*have your information shared with, stored and/or processed by third parties, including across the borders of South Africa, but only with your consent and for the purpose of storage or processing;
*operate and provide the services described in the terms that apply to our services which you are using and product quotes from third parties;
*allow you to share information and connect with sellers, buyers and services provided by our partners;
*use less information that is connected to individual users, in some cases we de-identify or aggregate information or anonymize it so that it no longer identifies you;
*verify accounts and activity;
*detect and stop threats to our personnel and property;
*promote safety, security and integrity;
*handle transactions that you initiate;
*reply to enquiries when you contact us with questions;
*access and review your information;
*provide a personalized experience to you;
*fix, analyse and improve our services;
*to rate the quality of the information you provide to our partners;
*provide measurement, analytics and business services;
*conduct and support research for innovative for service improvement purposes;
*where you have specifically agreed to this, send you marketing communications by email relating to our work which we think may be of interest to you;
*We send messages about the services we know you use, using the email you register to your account. Depending on your settings, we send marketing communications about services you might like. We ask you to participate in research based on things like how you use our services;
*We facilitate customer support communications with you when you've told us;
*find and address violations of our terms or policies;
*investigate suspicious activity;
*detect, prevent and combat harmful or unlawful behaviour against vulnerable individuals and/or communities;
*detect and prevent spam and other bad experiences and provide support; and
*maintain the integrity of our services..
9.7) How long do we keep your information for?
*The time periods for which we keep your information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed.
9.8) Disclosing your information to third parties
*Third-party Buyers – processing of personal information for the purpose of digitally marketing comparable product quotes to user;
*AWS – cloud storage of personal information collected and processed by the Dytabank website;
*PayFast – facilitating payment for sale transactions of personal information
we may provide aggregate statistics about our sales, users, traffic patterns and other website information to third parties, but these statistics will not include any information that could identify you.
*we allocate cookies during the registration process for our services. These cookies will hold information collected during your registration and will allow us to recognise you as a subscribed user and provide you with the services you require.
9.10) How can you refuse or opt out of cookies?
*most browsers are set by default to accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance and to prompt you every time a cookie is sent to you or to allow you to choose not to receive cookies at all.
9.11) How can you manage your privacy preferences?
*if you'd like us to stop processing your information for marketing purposes, please write to us at the address set out in clause 12 below.
10.1) By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third-party information acquired in connection with any aspect of the products and/or services offered by Dytabank. You shall notify Dytabank should you discover any loss or unauthorised disclosure of the information.
10.2) Any information or material sent to Dytabank will be deemed not to be confidential, unless otherwise agreed in writing by the user and Dytabank.
11.1) Dytabank is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Website and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to Dytabank's right to claim damages, should any user:
11.1.1) breach any of these Terms;
11.1.2) in the sole discretion of Dytabank, use the Website in an unauthorised manner; or
11.1.3) infringe any statute, regulation, ordinance or law.
11.2) Breach of these Terms entitles Dytabank to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to Dytabank on an attorney and own client scale.
In compliance with section 43(1) of the ECT Act, the following is noted:
12.1) Full name: PINCSA (Pty) Ltd, a company incorporated in terms of the Companies Act 71 of 2008 with
Registration number: 2023/520321/07.
12.2) Physical address: Country Club Estate, Building 2, 21 Woodlands Drive, Woodmead, Johannesburg, 2052
12.3) Fax number: N/A
12.4) Telephone number: N/A
12.5) Website address: www.dytabank.com
12.6) Email address: [email protected]
12.7) Names of office bearers: Bheki Ndabandaba - Director
12.8) Registered at: Johannesburg
You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to this Website.
Except as explicitly stated otherwise, any notices shall be given by email to ([email protected] in the case of Dytabank) or to the email address you have provided to Dytabank (in your case).
Notice shall be deemed given 48 (forty eight) hours after an email is sent, unless the sending party is notified that the email address is invalid.
Alternatively, Dytabank may give you notice to the address which you have provided to Dytabank. In such case, notice shall be deemed given 7 (seven) days after the date of mailing.
You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be "in writing". Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
15.1) These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.
15.2) This Website is controlled, operated and administered by Dytabank from its offices within the Republic of South Africa. Dytabank makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.
15.3) Dytabank does not guarantee continuous, uninterrupted or secure access to our services, as operation of our Website may be interfered with as a result of a number of factors which are outside of our control.
15.4) If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
15.5) Dytabank's failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
15.6) You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of Dytabank.
15.7) No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
15.8) The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
15.9) Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
15.10) These Terms set forth the entire understanding and agreement between Dytabank and you with respect to the subject matter hereof.