Terms of Service

Last Updated: 1 November 2025

These Terms of Service govern your use of TradeJournal.co.za and constitute a legally binding agreement between you and Tapnet (Pty) Ltd under South African law.

1. Agreement to Terms

By accessing or using TradeJournal.co.za ("Platform," "Service," "we," "us," or "our"), operated by Tapnet (Pty) Ltd ("Company"), you agree to be bound by these Terms of Service and all applicable South African laws and regulations, including but not limited to:

  • Electronic Communications and Transactions Act 25 of 2002 (ECT Act)
  • Consumer Protection Act 68 of 2008 (CPA)
  • Protection of Personal Information Act 4 of 2013 (POPIA)
  • Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 (RICA)

If you do not agree to these Terms, you may not access or use our Service.

These Terms constitute the entire agreement between you and Tapnet (Pty) Ltd and supersede any prior agreements.

2. Service Description

TradeJournal is a trading journal and analytics platform designed to help traders track, analyze, and improve their trading performance.

What We Provide:

  • Trade logging and journaling tools
  • Performance analytics and reports
  • Data visualization and insights
  • Educational content and resources

Important: What We DO NOT Provide

  • We are NOT a financial services provider (FSP)
  • We do NOT provide financial advice or recommendations
  • We do NOT execute trades or manage funds
  • We do NOT act as a broker or intermediary
  • We are NOT regulated by the FSCA as an FSP
  • We do NOT guarantee trading profits or returns

TradeJournal is purely a data management and analytics tool for personal use. All trading decisions are your sole responsibility.

3. Eligibility

To use TradeJournal, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into binding contracts under South African law
  • Not be prohibited from using the Service under any applicable laws
  • Provide accurate and complete registration information

By creating an account, you represent and warrant that you meet all eligibility requirements.

4. User Accounts and Responsibilities

Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access
  • Using a strong, unique password

Prohibited Activities

You agree NOT to:

  • Share your account with others
  • Use the Service for any illegal purpose
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the Service
  • Upload malicious code, viruses, or harmful content
  • Scrape, copy, or reproduce our content without permission
  • Reverse engineer or decompile any part of the Service
  • Use automated systems (bots) without authorization
  • Impersonate others or provide false information
  • Violate any applicable laws or regulations

Account Termination

We reserve the right to suspend or terminate your account if you:

  • Violate these Terms of Service
  • Engage in fraudulent or illegal activity
  • Fail to pay subscription fees
  • Abuse or misuse the Service

5. Subscription and Payment Terms

Pricing

  • Subscription fees are stated in South African Rand (ZAR)
  • Prices include VAT as required by South African law
  • We reserve the right to change pricing with 30 days' notice
  • Promotional pricing is subject to specific terms and conditions

Billing and Renewal

  • Subscriptions are billed in advance on a recurring basis (monthly or annually)
  • Your subscription automatically renews unless cancelled
  • You will be charged on the renewal date using your payment method on file
  • Failed payments may result in service suspension

Payment Methods

We accept payment via:

  • Credit/Debit cards (processed securely through third-party processors)
  • Other methods as may be made available

We do not store your full credit card details. Payments are processed by PCI-DSS compliant third-party providers.

Taxes

You are responsible for any taxes applicable in your jurisdiction. All prices displayed include South African VAT at the current rate (15%).

6. Cancellation and Refund Policy

Cancellation

  • You may cancel your subscription at any time through your account settings
  • Cancellation takes effect at the end of your current billing period
  • You will retain access to paid features until the end of the billing period
  • No partial refunds for unused time within a billing period

Refund Policy (Consumer Protection Act Rights)

In accordance with the Consumer Protection Act 68 of 2008:

  • Cooling-Off Period: You have 5 business days from subscription to cancel and receive a full refund (if you have not substantially used the Service)
  • Service Failure: If we fail to provide the Service as described, you may be entitled to a refund
  • No Refunds: Generally, no refunds after the 5-day cooling-off period or if Service has been substantially used
  • Annual Subscriptions: Same refund policy applies pro-rata for the unused portion within 5 days

Refund Process

To request a refund:

  • Email support@tradejournal.co.za within the applicable period
  • Provide your account details and reason for refund
  • Refunds processed within 10 business days to original payment method

7. Intellectual Property Rights

Our Property

All content, features, and functionality of the Service are owned by Tapnet (Pty) Ltd and protected by:

  • South African copyright law
  • Trademark law
  • Other intellectual property rights

This includes but is not limited to:

  • Software, code, and algorithms
  • Design, graphics, and user interface
  • Text, content, and educational materials
  • TradeJournal name, logo, and branding

Your Content

You retain ownership of all data and content you upload to the Service ("Your Content"), including:

  • Trade logs and journal entries
  • Notes, comments, and annotations
  • Screenshots and uploaded images

By using the Service, you grant us a limited, non-exclusive license to:

  • Store and process Your Content to provide the Service
  • Create backups and ensure data integrity
  • Generate anonymized aggregate statistics

We will never share, sell, or use Your Content for purposes beyond providing the Service without your explicit consent.

License to Use Service

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes in accordance with these Terms.

8. Disclaimers and Limitations of Liability

IMPORTANT - PLEASE READ CAREFULLY

This section limits our liability and explains the "as is" nature of our Service. These limitations are enforceable to the maximum extent permitted by South African law.

No Financial Advice

  • TradeJournal is a journaling and analytics tool only
  • We do NOT provide financial, investment, or trading advice
  • Any educational content is for informational purposes only
  • You are solely responsible for all trading decisions
  • Trading involves substantial risk and may not be suitable for everyone
  • Past performance does not guarantee future results

"As Is" Service

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, including:

  • No warranty of uninterrupted or error-free operation
  • No warranty that defects will be corrected
  • No warranty of accuracy, reliability, or completeness of data
  • No warranty that the Service meets your requirements

Limitation of Liability

To the maximum extent permitted by South African law:

  • We are NOT liable for any trading losses or financial damages
  • We are NOT liable for indirect, incidental, or consequential damages
  • We are NOT liable for loss of profits, data, or business opportunities
  • Our total liability is limited to the amount you paid us in the 12 months preceding the claim

Nothing in these Terms excludes liability that cannot be excluded under the Consumer Protection Act (e.g., death or personal injury caused by our negligence, fraud).

Data Loss

While we implement industry-standard security measures and backups, we are not liable for any data loss. You are responsible for maintaining your own backups of critical data.

Third-Party Services

We are not responsible for the content, functionality, or practices of third-party services, websites, or platforms linked from or integrated with our Service.

9. Indemnification

You agree to indemnify, defend, and hold harmless Tapnet (Pty) Ltd, its directors, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use or misuse of the Service
  • Your violation of these Terms
  • Your violation of any law or rights of third parties
  • Your Content or data uploaded to the Service
  • Any trading losses or financial damages you incur

10. Termination

By You

You may terminate your account at any time by:

By Us

We may suspend or terminate your account immediately if:

  • You breach these Terms
  • You engage in fraudulent or illegal activity
  • Payment obligations are not met
  • We are required to do so by law
  • Continuing to provide Service creates risk for us or others

Effect of Termination

Upon termination:

  • Your access to the Service will be immediately revoked
  • Your data may be deleted after 90 days (subject to legal retention requirements)
  • You remain liable for any outstanding fees
  • Provisions that by their nature should survive (e.g., liability limitations, indemnification) will remain in effect

11. Governing Law and Dispute Resolution

Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of South Africa.

Dispute Resolution

Before initiating legal proceedings, we encourage you to:

  • Contact us at support@tradejournal.co.za to resolve the issue informally
  • Allow 30 days for good-faith negotiations
  • Consider mediation or arbitration as alternatives to litigation

Consumer Rights

Nothing in these Terms limits your rights under the Consumer Protection Act 68 of 2008, including your right to refer complaints to the Consumer Goods and Services Ombud or the National Consumer Tribunal.

12. Changes to Terms

We may update these Terms from time to time. When we make material changes:

  • We will update the "Last Updated" date
  • We will notify you via email or prominent notice on the Platform
  • We will provide at least 30 days' notice before changes take effect
  • Your continued use after changes constitutes acceptance

If you do not agree to the modified Terms, you must stop using the Service and cancel your account.

13. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Tapnet (Pty) Ltd.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

Force Majeure

We are not liable for any failure to perform due to circumstances beyond our reasonable control (e.g., natural disasters, war, pandemics, internet outages).

14. Contact Information

For questions about these Terms of Service:

Tapnet (Pty) Ltd (Trading as TradeJournal)

Email: support@tradejournal.co.za

Website: https://tradejournal.co.za

Physical Address: [Insert registered address]

Registration Number: [Insert company registration number]

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