Please review the Terms and Conditions of use plus acknowledge that you understand and agree to both in this Agreement, in full, before proceeding registering your account and/or using the pv transact marketplace Platforms (the Platforms). Accordingly, once you accept the Terms and Conditions of use, the rules of this Agreement must be always followed by you.
Key words used in this agreement
Account: means the individual profile you have registered on the Platforms plus all associated content.
Agreement (the Agreement): refers to the agreement of the Terms and Conditions of use between the registered User and pv transact which is a binding contract.
Buyer: a purchaser of listed Goods on the pv transact Platforms.
Combiner box: a device that combines the output of numerous strings of solar PV panels for connection to the inverter.
Consumer Law: refers to the South African Consumer Protection Act of 2008.
Copyright Act of 1978: refers to South Africa’s Copy Right Act of 1978 and its amendments which governs Copy Right law and Intellectual Property in the country.
Goods: means listed items for sale like solar panels, inverters, battery systems, combiner boxes and power optimisers.
Intellectual Property: refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
Inverter: a device that converts direct current (DC) electricity, which is what a solar panel generates, to alternating current (AC) electricity.
Lister: person selling Goods on the pv transact Platforms.
Listing: a placement on the Platforms listing Goods for sale.
Persons: means any legal entity, including an individual registered as a User of the Platforms or business.
Platforms: pv transact marketplace website, menu, home page, all landing pages and App.
POPIA: refers to South Africa’s Protection of Personal Information Act of 2020.
Power optimiser: a DC/DC converter device that is connected to each solar panel in the PV system which can boost system performance through smarter, real-time management.
pv transact: means a division of GBA Digital Media Pty Ltd trading as pv transact, a company that is tax registered in South Africa with the registration number: 2017/537050/07, its owners, directors, employees and contractors.
User: person who has registered to use the Platforms
Solar battery storage system (battery): a device that you can add to your solar power system to store the excess electricity generated by your solar panels.
Solar PV panel (solar PV module): a photovoltaic panel that converts sunlight into electricity.
South African Consumer Protection Act of 2008
Users of the Platforms are subject to the South African Consumer Protection Act of 2008 which applies to the following:
Accordingly, you must:
Online Safety and Security
Agreement
When registering your account, you acknowledge that you understand the Terms and Conditions of this Agreement and agree to be bound by them by simply ticking the provided box. By so doing you confirm that you agree to be always bound by this Agreement while using the Platform.
You represent and warrant to us that you have read this Agreement in full. You must not use the Platforms if you do not agree to this Agreement, including these Terms.
If you fail to read these terms and conditions but still make listings or engage with other Users, you will still be bound by this Agreement.
This Agreement may be updated at any at our discretion. Notice will be given to all Users if any updates are made to the Agreement. This make take the form of an addressed email to all Users or notice will be provided on the Platforms itself. You are free to stop using the Platforms if you don’t agree to the new Agreement. If you continue to use the Platforms after such notice is given, you will be taken to have agreed to this Agreement as updated.
By registering as a User, you agree to receive electronic communications from pv transact about goods or general updates, however you may opt out of this via your account preference feature.
Binding contract
This Agreement forms a binding contract between you and pv transact.
You acknowledge and agree that pv transact is in no way party to any contractual relationship formed between Users in relation to any listing and does not personally offer to you, or endorse or recommend, any Goods advertised in any listings.
You acknowledge and accept that pv transact merely provides an introductory service as a passive conduit to facilitating the relationship between the Platforms Users.
This Agreement will form a binding set of obligations between Users for the purpose of interacting on the Platforms, including listings and any issues or disputes.
It is your responsibility to ensure that you comply with all applicable laws, including Consumer Laws, and Privacy Laws while engaging with the Platforms, including posting any listing or making any correspondence.
Registering a User account
To engage or transact you must register one account on the Platforms. You must not register more than one account on the Platforms, including through using multiple email addresses.
By registering an account, you confirm that you are a legitimate User, and you are over the age of 18 years of age.
You must provide true, accurate, current, and complete information about yourself as prompted by the Platforms when registering.
You are solely responsible for ensuring the security of your account, including by safeguarding passwords and devices. You are responsible for the actions of any person who you allow, by act or omission, to access your account. You must notify us using the links at the bottom of this Agreement if you suspect unauthorised use of your account. Until you notify us, you remain responsible for such unauthorised use
We reserve the right to deactivate or modify your account for any reason we in our absolute discretion deem necessary.
Listings
Users may post a listing at any time, through the functionality in the Platforms.
pv transact reserves the right to not publish or remove at any time any listing which violates our posting policies.
Any User may, in its absolute discretion, engage with any Listing, which is not a commitment to proceed with the offer in the listing.
You agree to only use the Platforms’s messaging functionality to communicate with other Users, and to use that functionality responsibly.
If you do agree to personally post, you must respond to inquiries about your listings in your personal capacity. This is the same for your all your responses to Users. You must not use any tools, artificial intelligence, programmes, or applications to provide automated responses on your behalf (unless any such tools, programs or applications are provided to you as part of the Platforms).
Listers Responsibilities
The person listing Goods for sale (the seller) represents and warrants that they are the sole beneficial owner of the Goods, with title lawfully obtained, free from any security interests, finance, or other encumbrances; and any defects (including minor defects) are clearly and accurately stated in the description of the Goods and are not otherwise disguised or overlooked in the listing.
The person listing Goods acknowledges and agrees that Buyers have rights under the Consumer Laws, which to the extent applicable to the Provider and Buyer, apply to second-hand Goods to the extent reasonable regarding their age, description, and price. This includes that the Goods are of acceptable quality, will match its description and be fit for purpose. The Provider must have regard to these guarantees when describing the quality, condition, and functionality, and setting the price, of the Goods and must not attempt to exclude, restrict, or modify any guarantees that are applicable under the Consumer Laws.
Listing removal
As a registered User who voluntarily lists Goods on the Platforms, you agree to comply with the Terms and Conditions of use. We take great pride in offering an online market place for new and used solar PV products that is user friendly, functional and safe for any person to use. If you make a listing in full compliance with the Agreement, your listing will be displayed for the period you have agreed upon and paid for.
As a registered User, you are solely responsible for the information and communication you provide in your listing and bear the consequences. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate, or breaches our Terms and Conditions or South African laws. We also reserve the right at our discretion to restrict a user’s use of the site either temporarily or permanently, or refuse a user’s registration or cancel a user’s account.
Specifically a listing will be removed by us if:
In most cases, we will notify you by email if we have remove your listing. Please note that we will not refund any monies if your listing is removed because it is in breach this Agreement and the Terms and Conditions of use.
Buyer Responsibilities
The Buyer (buyer of Goods) acknowledges that Goods may be second hand if described as such, and the Buyer is responsible for reading the description of the Goods and satisfying themself that the Goods as described will meet the Buyer’s requirements prior to agreeing to a transaction and exchange of Goods, including regarding its age, description and price.
Delivery
pv transact strongly encourages Buyers to inspect the Goods prior to making payment.
If a transaction and exchange of Goods occurs in person, Buyers are encouraged to ensure their safety by:
If the exchange of Goods will occur via post or courier service, the Lister and Buyer must agree to delivery costs (if any) prior to Exchange.
If the Lister can evidence that the Goods were delivered, the Goods will be deemed delivered.
pv transact strongly encourages Buyers to be cautious when giving their address to Listers and use secure, third-party technology to arrange delivery of Goods.
Title to the Goods will pass to the Buyer on payment of the transaction fee. Risk of loss or damage to the Goods will pass to the Buyer on delivery.
The Lister must use registered post for delivering by third party courier. If there are any issues during delivery, the Buyer must promptly report the issue to the Lister.
If the delivery issue cannot be resolved, and the Lister cannot provide evidence that the Goods were shipped, the Lister must refund the Buyer the amount paid to the Lister for the Goods including shipping.
If the Lister can provide evidence that the Goods were shipped, the Lister must take all steps necessary to ensure the third-party courier delivers the Goods or refunds the amount lost to the Buyer.
Claims for loss of or damage to Goods in transit must be made against the carrier by the Lister.
Payment of listing fees
Registering an account on the pv transact Platforms as a User is free.
pv transact may charge you whenever you post a listing according to any amounts shown on the Platforms as payable for posting a listing.
Payment will be made through our payment functionality in monetary form as available on the Platforms including via credit or debit cards; and will be non-refundable (unless there is a major failure with the Platforms).
You acknowledge and agree that pv transact may use third party payment service provider to process payment. If this occurs, the terms and conditions of the third-party payment provider will apply, and you will be asked to agree to those terms and conditions before proceeding with payment.
Remedy between Lister and Buyer
If you are a Buyer and you experience an issue with a good that you have purchased from a Lister, you must direct all inquiries in the first instance to the Lister, providing images and a description of the issue.
The Lister must respond reasonably to all such inquiries, regarding the rights available to the Buyer under the Consumer Law. Those rights may include the right for the Buyer to elect a repair, replacement, re-performance, or refund for major faults, or the Lister’s obligation to offer at the Lister’s choosing one of those remedies for minor faults.
Communications
pv transact may provide you with the ability to communicate with us, sellers, third party advertisers and other users of the pv transact Platforms through an online comments forum, feedback forum, electronic requests and enquiries and other forms of communication.
These communications services are public and not private communications, and you agree to publication of your communications on all pv transact Platforms. pv transact may collect, store or scan all communications at our own discretion.
Use of the communications services is provided on condition that you do not:
pv transact may, acting reasonably, delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the pv transact communications services. pv transact may also suspend or terminate the User account of any person reasonably determined by pv transact to be in breach of this Agreement.
Personal and non-commercial use only
The pv transact Platforms is for your personal and non-commercial use only. You may not do any of the following or authorise a third party to do that thing on your behalf:
If you or any party related to you has acted contrary to these Terms and Conditions, then pv transact may immediately terminate your right to access and use the pv transact Platforms and we reserve the right to take any action we deem reasonably necessary or desirable to prevent such repeated action.
The Agreement is bound by South Africa’s Copyright Act of 1978 and its amendments plus the country’s intellectual property law. As a member of the Berne Convention and TRIPS Agreement, copyright works protected in South Africa are also protected in other member states of the above.
All graphic material and features, including the business concept, the business name, pv transact and Platforms design and layout, is the Intellectual Property of GBA Digital Media Pty Ltd and protected by South Africa’s intellectual property laws and Copyright Act of 1978, and its amendments.
Under this Agreement you may not copy, reproduce, replicate, or communicate any of the content on this website, including the design, layout, business concept, logos, or screenshots from the Platforms without consent from the board of directors of GBA Digital Media Pty Ltd, unless it relates to User abuse or illegal activity, and you wish to report it.
You may not alter or modify any of the Copyright Material in any way or remove any legal notice associated with it.
You warrant that you have all necessary rights in the content that you contribute as a User or visitor and that the content does not infringe any law or third-party rights. To the extent permitted by South African and international law, you agree to pv transact taking any actions that may otherwise infringe your moral rights in relation to the material.
We use cookies on the Platforms – small text files that are placed on your machine to help the site provide a better user experience. In general, cookies are used to retain user preferences, store information for things like shopping carts, and provide anonymised tracking data to third party applications like Google Analytics.
As a rule, cookies will make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or taking a look at the About Cookies website which offers guidance for all modern browsers.
What is a cookie?
A cookie is a small piece of data that a website asks your browser to store on your computer or mobile device. The cookie allows the website to “remember” your actions or preferences over time.
Most Internet browsers support cookies; however, users can set their browsers to decline certain types of cookies or specific cookies. Further, users can delete cookies at any time.
Why do we use cookies?
We use cookies to learn how you interact with our content and to improve your experience when visiting our Platforms . For example, some cookies remember your language or preferences so that you do not have to repeatedly make these choices when you visit one of our websites. Additionally, cookies allow us to serve you specific content, such as videos on our Platforms . We may employ the learnings of your behaviour on our Platforms to serve you with targeted advertisements on a third-party Platforms in an effort to “re-market” our products and services to you.
What types of cookies do we use?
We use both first-party and third-party cookies on our website.
First-party cookies are cookies issued from the www.greenbuildingafrica.co.za domain that are generally used to identify language and location preferences or render basic site functionality.
Third-party cookies belong to and are managed by other parties, such as Green Building Africa business partners or service providers. These cookies may be required to render certain forms, such as the submission of a job application, or to allow for some advertising outside of the Green Building Africa website.
Session Cookies
Session cookies are temporary cookies that are used to remember you during the course of your visit to the website, and they expire when you close the web browser.
Persistent Cookies
Persistent cookies are used to remember your preferences within the website and remain on your desktop or mobile device even after you close your browser or restart your computer. We use these cookies to analyse user behaviour to establish visit patterns so that we can improve our website functionality for you and others who visit our Platforms . These cookies also allow us to serve you with targeted advertising and measure the effectiveness of our site functionality and advertising.
How are cookies used for advertising purposes?
Cookies and ad technology such as web beacons, pixels, and anonymous ad network tags help us serve relevant ads to you more effectively. They also help us collect aggregated audit data, research, and performance reporting for advertisers. Pixels enable us to understand and improve the delivery of ads to you and know when certain ads have been shown to you. Since your web browser may request advertisements and web beacons directly from ad network servers, these networks can view, edit, or set their own cookies, just as if you had requested a web page from their site.
Although we do not use cookies to create a profile of your browsing behaviour on third-party sites, we do use aggregate data from third parties to show you relevant, interest-based advertising. We do not provide any personal information that we collect to advertisers. You can opt out of off-site and third-party-informed advertising by adjusting your cookie settings. Opting out will not remove advertising from the pages you visit, but, instead, opting out will result in the ads you see not being matched to your interests. This implies that the ad(s) you see will not be matched to your interests by those specific cookies.
How are third party cookies used?
For some of the functions within our websites we use third party suppliers, for example, when you visit a page with videos embedded from or links to YouTube. These videos or links (and any other content from third party suppliers) may contain third party cookies, and we encourage you to consult the privacy policies of these third party vendors on their websites for information regarding their use of cookies.
How do I reject and delete cookies?
You can choose to reject or block all or specific types of cookies set by virtue of your visit to a Green Building Africa website by clicking on the cookie preferences on our Platforms . You can change your preferences for Green Building Africa websites and/or the websites of any third party suppliers by changing your browser settings. Please note that most browsers automatically accept cookies. Therefore, if you do not wish cookies to be used, you may need to actively delete or block the cookies. If you reject the use of cookies, you will still be able to visit our websites but some of the functions may not work correctly. You may also visit www.allaboutcookies.org for details on how to delete or reject cookies and for further information on cookies generally. By using our website without deleting or rejecting some or all cookies, you agree that we can place those cookies that you have not deleted or rejected on your device.
Which cookies are used on the pv transact website?
The Bing Ads Universal Event Tracking tag helps us understand how our Bing campaigns perform by tracking actions on Green Building Africa websites once ads have been clicked. https://choice.microsoft.com/en-US/opt-out
We use Google Analytics to understand how our media campaigns work and how you interact with our website in order to improve the user experience. https://tools.google.com/dlpage/gaoptout
Google tracking cookies enable us to understand if you complete certain actions on our Platforms after you have seen or clicked through one of our adverts served via Google. Based on the content you have engaged with on our websites Google are able to deliver some targeted adverts across other Google partner websites. https://support.google.com/ads/answer/2662922?hl=en
Facebook helps you stay in touch with your network through their website/ mobile application. We make it easier for you to share any content of interest on Facebook and sometimes, we may present with some targeted adverts on Facebook based on your engagement with our Platforms . https://en-gb.facebook.com/help/568137493302217
The LinkedIn insight tag allows us to perform campaign reporting and unlock valuable insights about website visitors that may come via the campaigns we run on LinkedIn. https://www.linkedin.com/help/lms/answer/65521/the-linkedin-insight-tag-overview?lang=en
Twitter provides real time updates from across the globe on the latest trending stories, ideas and opinions from the Twitter accounts or hashtags that you choose to follow. We make it easier for you to share our website content over Twitter. At times, we may present you with some ads on Twitter based on your engagement with our Platforms . https://support.twitter.com/articles/20170410
We embed videos or insert links to videos from YouTube on our Platforms . As a result, when you visit a page with content embedded from or linked to YouTube, you may be presented with cookies from YouTube. https://support.google.com/ads/answer/2662922?hl=en-GB
When registering as a User, you accept the Privacy Policy as part of the Terms and Conditions of this Agreement.
You provide information required to register as a User on a voluntary basis and submit such information on voluntary basis. The information required is of a personal nature as it identifies who you are as a User.
Failure to provide the required information may disqualify you from registering as a User and you may not be able to use the Platforms to their full potential.
GBA Digital Media Pty Ltd and pv transact will collect, use, disclose, retain and protect the personal information you provide in accordance with South Africa’s Protection of Personal Information Act of 2020 (POPIA). We will take reasonable steps to ensure that your personal information is protected in accordance with POPIA.
Data Collected
We collect and process the following information when you register as a User:
Information automatically collected:
We collect information from the devices you use when registering as a User, visiting the Platforms, transacting or interacting with us whether they be mobile phones, laptop or desktop computers.
We also automatically collect computer and internet connection information such as traffic statistics which may include page views, referral URL, listing performance data, your IP address, and your browsing history. For this purpose we may use external service providers like Jetpack or Google Analytics. Please refer to Jetpack privacy policy here and Google Analytics privacy policy here.
We also collect information on your geographical location. If you provide your personal or business address when you create a listing, we may display the general location address using an online map service provider like Google Maps in your respective listings. For this purpose, we may use an online mapping service provider like Google Maps. Please refer to Google’s Privacy Policy.
We also collect information from other sources
We collect information from related companies, third parties and other social media platforms. We do this to improve our service offering to you and manage your account better. The information we collect from third parties may be use to supplement your account information. This may be information that is publicly available like additional contact information, credit check information and information from credit bureaus in accordance with South Africa’s National Credit Act of 2005.
The information we collect from social media platforms may be used to register you as a User, share information or connect to your account. You control the personal information we have access to through your privacy settings on the social media site and the permissions you give us when you grant us access. When you grant us access to information held by social media sites you agree that we may collect, use and retain it in accordance with this Privacy Policy.
In turn, if another user gives us information about you, they must tell you about our collection, use, disclosure and retention policies before giving us the information. They must also get your explicit consent before giving us your information.
Personal information
We use your personal information to improve our service offering to you and manage your account better. If your User account is active, we will keep your personal information as long as we need it for our operations. In some cases, we may also keep your personal information if you closed your User account with us to comply with South African laws, enforce our Terms and Conditions, stop fraud, collect fees owed or assist with any investigation. Your personal information will be securely and permanently deleted if we no longer need it.
Specifically your personal information allows us to:
Marketing
From time to time we may communicate marketing content with you, send you push notifications or target you with advertising. In all three cases you have the option to opt out by unsubscribing, changing your preference settings on your User account or so same on your device.
User account access
your personal information by signing in to your account. It is important to that you update your account details if the information is outdated or inaccurate.
Once you list Goods (become a Lister), you may not be able to change or remove your account and associated personal information for the duration of the listing period.
In an emergency, if you wish to terminate your account during a live listing, we will close your account and remove your personal information upon your request or update or change your details as reasonably possible upon your request. To make such a request, please use this email address: customerservice@pvtransact.co.za
We may also withhold access or refuse to change or erase your personal information under our Terms and Condition or applicable South African laws, but we will give you reasons if we do so.
Disclosure of information to third-parties
We may disclose your personal information to third party service providers who we contract or employ to:
Change of company ownership
If we were to merge with or be bought by another company, we may share information with them in accordance with our privacy standards and POPIA. The new combined entity would comply with this Privacy Policy. If your personal information is to be collected, used, disclosed or retained for any purposes not covered in this Privacy Policy, you will be notified in advance of any changes to the processing of your personal information.
User information protection
We protect your information using various digital and administrative security measures. We use firewalls and data encryption, physical access controls to data centres, servers and information access authorisation controls. If you believe your account has been abused, please contact: customerservice@pvtransact.co.za
Social media platform User login
If you sign into your social network account using the same email that you previously used to register for an account with us, you will access your existing account with us.
If you sign into your social network account using an email address that we don’t recognise in our systems, a new account will be created in our systems for you.
You may use social login or regular sign in each time you login into your account with us. If you use regular sign in but a password has not been issued to you (because you registered through social login) you need to get a password through the password reset flow.
When you use social login the ‘keep me signed in’ policies of the social network provider apply. We do not control those policies. For your safety we recommend that you:
Don’t use social login if you are accessing our Services using a public or shared device.
Visit your social network provider site to learn about their sign in policies and your options.
Spam, threatening email or sharing User information
Sending unwanted or threatening email and SMS messages is against our Terms and Conditions. We do not tolerate abusive communication in any form or medium and reserve the right to terminate any User account in such a case. To report abusive communication, spam or spoof emails please email: customerservice@pvtransact.co.za
You do not have permission to add other users to your mailing list, call or send SMS messages for commercial purposes, even if a User bought something from you, unless the user has given their explicit consent.
Third party privacy practices
We cannot guarantee the privacy or security of your information once you provide it to a third party. You should check the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information, even when dealing with buyers or sellers on our site.
If you disclose your information to others, or if you are directed to a third party website, their privacy policy and practices will apply.
Changes to this Private Policy
We can change this Privacy Policy at any time by posting the updated terms to the Site. The updated terms automatically take effect 7 days after they are posted. We may announce any changes to this Privacy Policy on our Site and/or via email if we believe they are material.
Indemnity and liability
You indemnify pv transact against any liability, loss, claim or demand if pv transact (or any of our directors, representatives, employees, or agents suffers any loss or damage or incurs any cost in connection with a breach by you or your appointed representative of the Terms and Conditions set out in this Agreement.
You accept all liability relating to unauthorised use of any Username and password issued to you which is due to no fault of pv transact.
To the full extent permitted by South African law, pv transact will not be liable to you (the User) for any indirect or consequential loss or damage, including loss of use, production, profit, revenue, business, data, contractor anticipated savings, delay or for any financing costs, increase in operating costs or economic loss.
Register Users whether you are a buyer or seller can contact us directly using the following email address: customercare@pvtransact.co.za
If you would like to report misuse or fraud, please do so using this email address: fraud@pvtransact.co.za
Compliments and suggestions
Let us know if you enjoyed using the pv transact Platforms or if you have found there is room for improvement. Despite our very best intentions, sometimes there may be something we missed. We really appreciate your feedback because we want to keep improving the visitor and User experience for both Listers (sellers) and Buyers of solar PV products who use pv transact Platforms. Please send us an email with your feedback: feedback@pvtransact.co.za