Terms of Use

By accessing the Platform, creating an account, or using any feature of the Platform, you represent that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy, each of which is incorporated into these Terms by reference.

You must be at least 18 years of age and have the legal capacity to enter into binding contracts under South African law. If you are registering on behalf of a legal entity, you represent that you have authority to bind that entity to these Terms.

TradeSafe Terms — condition of transacting. By initiating or participating in any Transaction on the Platform (whether as Buyer or Seller), you unconditionally agree to be bound by TradeSafe's Terms and Conditions, available at [TRADESAFE TERMS AND CONDITIONS URL] (“TradeSafe Terms”). You acknowledge that by transacting, you enter into a direct and independent legal relationship with TradeSafe, separate from your relationship with Survex. In the event of any inconsistency between these Terms and the TradeSafe Terms regarding the holding, release, refund, or movement of escrowed funds, the TradeSafe Terms shall govern in respect of those escrow mechanics.

If you do not agree to these Terms or the TradeSafe Terms, you must immediately discontinue your use of the Platform and must not initiate any Transaction.

Survex reserves the right to modify these Terms at any time in accordance with Section 20. Your continued use of the Platform after changes are published constitutes acceptance of the revised Terms.

To access most features of the Platform you must register an account. You may register using your email address and password, or via a supported third-party OAuth provider (currently Google). You are responsible for all activity under your account.

You agree to provide accurate, complete, and current information during registration and onboarding, and to keep your account information updated at all times. Providing false or misleading information is a material breach of these Terms.

You are responsible for maintaining the confidentiality of your login credentials. You agree to notify Survex immediately at admin@survex.co.za if you become aware of any unauthorised use of your account. Survex is not liable for any loss arising from unauthorised access resulting from your failure to safeguard your credentials.

Each User may hold only one active account at a time. Survex reserves the right to merge, suspend, or terminate duplicate accounts.

Sellers must complete the Survex business onboarding process before listing any products or services. Customers must complete customer onboarding before placing an order. Incomplete profiles may be restricted from certain Platform features.

Sellers must additionally complete TradeSafe's identity verification and bank account onboarding as a prerequisite to receiving payouts from the Platform. Survex cannot release or facilitate payment to a Seller who has not completed TradeSafe's onboarding requirements; this is governed exclusively by TradeSafe.

Survex operates as an online marketplace intermediary and technology platform. Survex is not a party to any contract for the sale of goods or provision of services formed between a Buyer and a Seller. All such contracts are formed directly between the relevant Buyer and Seller.

Survex is not a bank, payment institution, financial services provider, money transmitter, or escrow agent. Survex does not hold, receive, process, or have custody of user funds at any point. All payment holding, disbursement, and escrow functions are performed exclusively by TradeSafe as an independent third party.

Survex does not endorse, verify, warrant, or guarantee any Listing, any Seller's ability to perform, or the quality, safety, legality, or accuracy of any goods or services listed on the Platform. Users transact at their own risk, subject to the protections provided by the escrow mechanism and the dispute process.

Survex does not make representations regarding the identity, creditworthiness, or legal status of any User. Users are encouraged to exercise reasonable care and diligence before entering into any Transaction.

Survex's role is limited to: (a) providing and operating the Platform technology; (b) facilitating discovery between Buyers and Sellers; (c) providing a built-in communication and quoting system; (d) instructing TradeSafe to create and manage escrow allocations in accordance with Transaction outcomes; and (e) providing a structured dispute and mediation process.

Sellers must ensure that all Listings are accurate, complete, not misleading, and up-to-date. Listing prices must be inclusive of any applicable VAT. Sellers must promptly update or remove Listings if goods or services become unavailable.

Sellers warrant that they have full legal authority, title, and rights to offer and sell the goods or services listed, and that doing so does not infringe any third party's intellectual property, contractual, or statutory rights.

Sellers are solely responsible for compliance with all applicable South African laws and regulations, including (without limitation): the Consumer Protection Act; the Value Added Tax Act; the Income Tax Act; applicable trade, import/export, and product safety regulations; and any sector-specific licensing requirements. Survex does not assume and expressly disclaims any responsibility for Sellers' tax or regulatory compliance.

Sellers must honour confirmed Quotes, deliver goods within the timeframes communicated to Buyers, and complete services in accordance with agreed milestones and scope. Failure to do so may result in dispute, escrow reversal, and/or account suspension.

TradeSafe onboarding and payouts. Sellers must complete TradeSafe's identity verification and bank account linking process before any funds can be disbursed to them. Payout eligibility, timing, and the mechanics of fund release are governed by TradeSafe's terms and are entirely outside Survex's control. Survex is not liable for any delay, failure, or refusal by TradeSafe to disburse funds to a Seller.

Prohibited items. Sellers may not list the following:

Sellers acknowledge that Survex charges a Commission on completed Transactions (see Section 9) and agree to this deduction from proceeds disbursed via TradeSafe.

Buyers must provide accurate, complete delivery addresses and contact information when placing orders. Survex and Sellers are not responsible for non-delivery arising from incorrect information provided by the Buyer.

Buyers must pay exclusively through the TradeSafe escrow payment flow provided on the Platform. Any attempt to pay a Seller directly (outside the Platform's checkout and escrow process) is a breach of these Terms and removes all dispute and refund protections afforded by the escrow mechanism.

Buyers must act in good faith in all interactions with Sellers and in any dispute process. Raising false, exaggerated, or bad-faith disputes is a breach of these Terms and may result in account suspension and liability for any resulting losses.

Buyers are responsible for reviewing Listings, service descriptions, and Quotes carefully before committing to a Transaction. Survex does not guarantee that goods or services will meet a Buyer's specific requirements.

A Buyer who confirms delivery (or whose confirmation is deemed given after the applicable timeout period) acknowledges that confirmation triggers the release of escrowed funds to the Seller by TradeSafe. Once funds have been released by TradeSafe, they cannot be recovered through the Platform's dispute mechanism.

Users are solely responsible for the accuracy, legality, and appropriateness of all Content they submit to the Platform. By submitting Content, you represent and warrant that you own or have all necessary rights, licences, and consents to submit it, and that it does not infringe any third party's rights.

By submitting Content to the Platform, you grant Survex a worldwide, non-exclusive, royalty-free, sublicensable licence to host, display, reproduce, distribute, and adapt that Content solely for the purpose of operating and promoting the Platform. This licence continues for as long as the Content is on the Platform and for a reasonable period after removal for backup and archival purposes.

Survex reserves the right, without notice or liability, to remove, hide, or modify any Content that: (a) violates these Terms; (b) is inaccurate, misleading, or offensive; (c) infringes any third party's rights; or (d) Survex reasonably considers harmful to the Platform, its users, or third parties.

Listing images must accurately represent the goods or services offered. Use of stock photographs to misrepresent products constitutes a breach of these Terms.

Survex does not pre-screen all Content prior to publication and makes no representations as to its accuracy or completeness. The existence of a Listing on the Platform is not an endorsement by Survex of the Seller or the listed goods or services.

Product transactions. A Buyer adds one or more products to their cart and proceeds to checkout. By completing checkout, the Buyer makes a binding offer to purchase the listed products at the stated price. A binding contract is formed between the Buyer and the Seller upon confirmed payment into TradeSafe escrow.

Service transactions. A Buyer initiates a service conversation with a Seller. The Seller may submit a Quote to the Buyer setting out the scope of services, itemised pricing, and milestones. A binding contract is formed between the Buyer and the Seller upon the Buyer's acceptance of the Quote within the Platform.

All Transactions — whether for products or services — must be paid for exclusively through the TradeSafe escrow payment flow integrated into the Platform's checkout. Survex does not accept, process, or hold payments. Payment is made directly into the TradeSafe Escrow Account upon checkout.

Accepted Quotes are legally binding on both Seller and Buyer. Sellers may not unilaterally vary the price, scope, or delivery terms of an accepted Quote without the Buyer's agreement.

Survex provides a messaging and quoting system as a convenience tool. Survex is not a party to any communications between Buyers and Sellers and is not responsible for the content of any Quote, negotiation, or agreement reached between Users.

Escrow mechanism. When a Buyer pays for a product or accepts a service Quote, funds are transferred directly into the TradeSafe Escrow Account. TradeSafe holds these funds in escrow pending confirmation of delivery or completion of the service or milestone. Survex instructs TradeSafe to create and manage escrow allocations; however, TradeSafe independently controls the holding, movement, and release of all funds in accordance with its own terms.

Fund release. Escrowed funds are released by TradeSafe to the Seller upon: (a) the Buyer's explicit confirmation of delivery or service completion on the Platform; or (b) the expiry of a defined timeout period (as set out in the Platform's documented flow) without the Buyer raising a dispute, whichever occurs first. The timing and mechanics of fund release are subject to TradeSafe's processes.

Milestone-based service payments. For multi-stage services, funds may be released in tranches corresponding to agreed milestones. Each milestone constitutes a separate escrow allocation administered by TradeSafe. Release of funds for each milestone is triggered by completion confirmation in accordance with clauses 9.2.

TradeSafe legal relationship. By transacting on the Platform, each User unconditionally agrees to TradeSafe's Terms and Conditions (see clause 2.3 and [TRADESAFE TERMS AND CONDITIONS URL]) and acknowledges that: (i) they enter into a direct legal relationship with TradeSafe independent of Survex; (ii) TradeSafe is solely responsible for the custody and disbursement of funds; and (iii) Survex has no authority to override, delay, or accelerate any TradeSafe action regarding escrowed funds.

Commission. Survex charges Sellers a Commission of [X]% of the GMV of each completed Transaction. The Commission, together with any applicable TradeSafe escrow fees and payment gateway fees, is disclosed to the Seller at checkout and deducted from the proceeds disbursed by TradeSafe. Commission rates may be updated with reasonable notice as per Section 20.

Payment gateway and escrow fees. In addition to the Survex Commission, TradeSafe charges its own escrow and transaction fees, and Peach Payments (Survex's payment gateway) charges processing fees. These fees are independent of Survex, are disclosed at checkout, and may change in accordance with TradeSafe's and Peach Payments' own pricing terms.

Currency. All Transactions on the Platform are conducted in South African Rand (ZAR). Survex does not support foreign currency transactions.

Payout eligibility. Sellers must have completed TradeSafe's FICA verification and bank account linking to receive payouts. Survex cannot facilitate or compel TradeSafe to disburse funds to a Seller who has not met TradeSafe's onboarding requirements. Survex is not responsible for delays or non-payment arising from a Seller's failure to complete this process.

Survex has no custody of funds. Users expressly acknowledge that Survex is not a bank, payment institution, financial services provider, or escrow agent, and that no funds are ever held by Survex. Any claim for loss, delay, or misapplication of escrowed funds must be directed to TradeSafe in accordance with TradeSafe's terms.

Refunds. Refunds of escrowed funds are executed by TradeSafe in accordance with TradeSafe's terms and the outcome of the Platform's dispute process (see Section 11). Survex cannot unilaterally issue, prevent, or reverse a refund outside the defined Platform and TradeSafe flow.

Users are strictly prohibited from using the Platform to initiate contact with other Users and then completing any Transaction (payment for goods or services) outside the Platform's checkout and TradeSafe escrow flow, whether to avoid Commission fees or for any other reason.

Soliciting or agreeing to off-platform transactions is a material breach of these Terms. Upon detection, Survex may: (a) immediately suspend or permanently terminate the accounts of all Users involved; (b) pursue recovery of Commission and applicable fees as damages; and (c) report the conduct to relevant authorities if it involves fraud or other illegal activity.

Users who transact outside the Platform lose all protections offered by the escrow mechanism, dispute process, and review system. Survex accepts no liability for any loss arising from off-platform transactions.

The sharing of personal banking details, EFT instructions, or payment links (other than through the Platform's official checkout) within Platform messages is prohibited and may result in suspension.

Raising a dispute. A Buyer may raise a dispute regarding a product or service Transaction within the defined dispute window, visible on the relevant order or milestone page. Disputes must be raised in good faith and supported by relevant evidence.

Dispute stages. The Platform operates a multi-stage dispute process: (a) Buyer–Seller negotiation — the parties are given an initial period to resolve the dispute directly through the Platform's messaging system; (b) Survex-mediated arbitration — if unresolved, Survex reviews the evidence and may propose a resolution (full refund to Buyer or full release to Seller); (c) Consent mechanism — both parties must consent to Survex's proposed resolution within a defined window (currently 24 hours) for it to be executed; (d) TradeSafe escalation — if either party rejects Survex's proposed resolution, or if the consent window expires without both parties responding, the dispute is escalated to TradeSafe for resolution in accordance with TradeSafe's own arbitration and dispute processes.

Survex's mediation role. Survex's role in steps (b) and (c) above is that of a facilitating intermediary only. Survex's proposed resolution is a recommendation requiring both parties' consent; it does not constitute a binding arbitral award. Survex is not a dispute resolution provider and does not provide legal or arbitration services.

TradeSafe's arbitration. Upon escalation to TradeSafe under clause 11.2(d), the resolution of the dispute and any movement of escrowed funds is governed exclusively by TradeSafe's terms, processes, and decisions. Survex has no authority to override, delay, or compel any action by TradeSafe in this context, and is not liable for TradeSafe's decisions or any resulting loss.

Evidence submitted by parties during a dispute (including photographs, messages, and documentation) may be shared with TradeSafe in the event of escalation. By submitting evidence, you consent to this disclosure.

Users who are found to have raised fraudulent or bad-faith disputes will be subject to account suspension and may be liable for costs, losses, and damages caused to the other party and to Survex.

Survex offers AI-powered business intelligence features to Sellers, including but not limited to performance insights, pricing suggestions, and business improvement recommendations. These features are provided for informational purposes only.

AI-generated content and recommendations do not constitute financial, legal, tax, investment, or professional business advice. Users must not rely on AI features as the sole basis for any business, financial, or legal decision. Survex strongly recommends obtaining independent professional advice.

Survex does not guarantee the accuracy, completeness, timeliness, or fitness for purpose of any AI-generated output. AI systems may produce incorrect, outdated, or misleading results. Survex accepts no liability for any loss arising from reliance on AI-generated content.

AI features are provided by third-party AI infrastructure providers. Survex is not responsible for the availability, performance, or outputs of underlying third-party AI models. AI feature availability may be subject to usage tiers tied to transaction volume, as set out in the Platform's documentation from time to time.

Survex may award a “Premium Seller” badge to Sellers who meet certain performance criteria, which may include (without limitation): transaction volume, review scores, dispute rate, and response time.

The Premium Seller badge is awarded entirely at Survex's discretion. It does not constitute a warranty, endorsement, or guarantee of a Seller's performance or the quality of their goods or services.

Survex reserves the right to revoke the badge at any time, without notice, if a Seller's performance falls below the applicable criteria, or if the Seller is found to have engaged in any prohibited conduct under these Terms. Revocation does not entitle the Seller to any compensation.

Sellers must not misrepresent their badge status or claim to be a Premium Seller outside the Platform without current, valid badge status.

Survex and its licensors own all intellectual property rights in and to the Platform, including the software, design, trademarks, trade names, logos, trade dress, and all Content created by Survex. Nothing in these Terms transfers any intellectual property rights to any User.

Subject to these Terms, Survex grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for its intended purpose of browsing, listing, and transacting as a Buyer or Seller.

The Survex name, logo, and associated marks are trademarks of Mkhonto Tech and Engineering (Pty) Ltd or its affiliates. You may not use any Survex trademark without prior written permission.

You retain ownership of Content you submit to the Platform, subject to the licence granted in clause 7.2. You warrant that your Content does not infringe any third party's intellectual property rights.

If you believe that any Content on the Platform infringes your intellectual property rights, please notify Survex at admin@survex.co.za with details of the alleged infringement.

Survex processes personal information in accordance with its Privacy Policy, which is incorporated into these Terms by reference and complies with POPIA. By using the Platform, you consent to the collection and processing of your personal information as described in the Privacy Policy.

Personal information may be shared with third-party service providers including Supabase (database and authentication), TradeSafe (escrow and identity verification), Peach Payments (payment processing), Resend (transactional emails), and Vercel (hosting). Each provider processes data in accordance with their own privacy policies and applicable law.

Survex processes personal information on a lawful basis as described in the Privacy Policy. Users have the right to access, correct, and request deletion of their personal information, subject to legal retention obligations, in accordance with POPIA.

By registering on Survex, you acknowledge and consent to the limited sharing of certain personal information with the counterparty to a Transaction (for example, delivery address shared with a Seller) as reasonably necessary to complete the Transaction.

Survex reserves the right, in its sole and reasonable discretion, to suspend, restrict, or permanently terminate any User's access to the Platform, with or without prior notice, where: (a) the User breaches any provision of these Terms; (b) Survex reasonably suspects fraudulent, illegal, or harmful activity; (c) the User's actions expose Survex or other Users to legal or reputational risk; or (d) required by applicable law or a competent authority.

Survex will endeavour to provide reasonable notice before suspension where doing so does not compromise security, prevent fraud, or conflict with legal obligations.

Effect on escrowed funds upon termination. If a User's account is suspended or terminated while funds are held in TradeSafe escrow in connection with a pending Transaction, the handling, holding, and release of those funds is governed exclusively by TradeSafe's terms and processes. Survex has no authority to freeze, release, or redirect funds held by TradeSafe in this scenario and is not liable for any resulting loss.

A User may terminate their own account at any time by contacting Survex at admin@survex.co.za. Account termination does not affect Transactions already in progress or any outstanding payment obligations to Survex.

Provisions of these Terms that by their nature should survive termination — including clauses relating to intellectual property, indemnity, limitation of liability, payment obligations, and governing law — shall continue in force after termination.

Platform “as is”. The Platform is provided “as is” and “as available” without any warranties of any kind, express or implied, including fitness for a particular purpose, merchantability, or uninterrupted availability. Survex does not warrant that the Platform will be error-free, secure, or continuously available.

Buyer–Seller transactions. Survex is not liable for: (a) a Seller's failure to deliver goods or perform services; (b) the quality, safety, legality, or fitness for purpose of any listed goods or services; (c) a Buyer's failure to pay or to confirm delivery; or (d) any dispute between Buyers and Sellers. These matters are governed by the escrow mechanism and the dispute process.

TradeSafe — no liability. Survex is not liable, under any circumstances and to the maximum extent permitted by law, for: (a) TradeSafe's acts, omissions, errors, or delays; (b) TradeSafe's system downtime or technical failures; (c) TradeSafe's decision to withhold, delay, or refuse to release escrowed funds; (d) TradeSafe's insolvency, liquidation, or business failure; (e) any loss of funds held by TradeSafe; or (f) any action or inaction by TradeSafe in connection with a dispute or arbitration. All such matters are subject solely to TradeSafe's liability under TradeSafe's own terms.

AI features. Survex is not liable for any loss arising from reliance on AI-generated content, recommendations, or outputs (see Section 12).

Third-party providers. Survex is not liable for any acts, omissions, failures, or breaches of any third-party service provider, including (without limitation) Supabase, TradeSafe, Peach Payments, Resend, Vercel, or any AI model provider.

Liability cap. To the maximum extent permitted by applicable South African law, Survex's aggregate liability to any User for any claim arising out of or in connection with these Terms or the Platform shall not exceed the total Commission paid by that User (as Seller) or the total Transaction amount paid by that User (as Buyer) in the three calendar months preceding the event giving rise to the claim.

Consumer Protection Act. Nothing in this Section 18 limits or excludes any right or remedy you may have under the Consumer Protection Act 68 of 2008, or any other applicable South African consumer protection legislation, to the extent that such rights or remedies cannot lawfully be excluded.

Survex will not be liable for any indirect, incidental, special, consequential, or punitive loss or damage, including loss of profit, revenue, business, data, goodwill, or opportunity, whether arising in contract, delict (including negligence), or otherwise, even if advised of the possibility of such loss.

You agree to indemnify, defend, and hold harmless Survex, Mkhonto Tech and Engineering (Pty) Ltd, and their respective directors, officers, employees, agents, and contractors from and against any and all claims, damages, losses, costs (including reasonable legal fees), and liabilities arising out of or in connection with:

Survex reserves the right, at your expense, to assume exclusive control of the defence of any matter subject to indemnification under clause 19.1, and you agree to cooperate with Survex in asserting any available defences.

Survex reserves the right to modify these Terms at any time. Where changes are material, Survex will provide at least 14 (fourteen) calendar days' notice by email to the address registered on your account, by prominent notice on the Platform, or both. Non-material changes (such as formatting, clarifications, or corrections that do not affect User rights) may be made without notice.

Your continued use of the Platform after the notice period has elapsed constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must cease using the Platform and may close your account before the changes take effect.

The current version of these Terms is always available at survex.co.za/terms. Survex encourages Users to review these Terms periodically.

Survex may also update Commission rates, fee structures, and Platform features from time to time. Changes to fees will be communicated in accordance with this clause and will take effect from the notified date.

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) shall be governed by and construed in accordance with the laws of the Republic of South Africa.

The parties consent to the non-exclusive jurisdiction of the South African courts in respect of any dispute arising under or in connection with these Terms. The parties agree to attempt to resolve any dispute amicably before resorting to litigation.

Nothing in this clause limits Survex's right to seek urgent or interim relief from any competent court.

Severability. If any provision of these Terms is held invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed, and the remaining Terms shall continue in full force and effect.

Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy, and any other policies or agreements expressly incorporated herein, constitute the entire agreement between you and Survex regarding your use of the Platform and supersede all prior representations, agreements, and understandings relating to the same subject matter.

No waiver. Survex's failure to enforce any provision of these Terms on any occasion does not constitute a waiver of its right to enforce that provision or any other provision in the future.

Assignment. You may not assign or transfer your rights or obligations under these Terms without Survex's prior written consent. Survex may assign these Terms or its rights hereunder to any affiliate, successor, or acquirer without restriction.

Relationship of the parties. Nothing in these Terms creates a partnership, joint venture, agency, employment, or franchise relationship between you and Survex.

Notices. Notices to Survex must be sent to admin@survex.co.za or to the registered address: 16 Hester Rd, Dawn Park, Boksburg, Gauteng, 1474, South Africa. Notices from Survex to Users will be sent to the email address registered on the User's account and shall be deemed received 24 hours after sending.

Electronic transactions (ECTA). These Terms constitute an agreement entered into electronically in terms of the Electronic Communications and Transactions Act 25 of 2002. You consent to receiving communications, notices, and documents from Survex electronically.

Language. These Terms are drawn up in English. In the event of any conflict or ambiguity between the English version and any translated version, the English version shall prevail.