Terms of Service

1. Acceptance of Terms

By accessing or using the Coalyard Solutions platform ("Platform"), operated by Coalyard Solutions (Pty) Ltd ("Company", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you must not use the Platform.

These Terms constitute a legally binding agreement between you ("User", "you", or "your") and the Company. We reserve the right to modify these Terms at any time. Your continued use of the Platform after any modifications constitutes acceptance of the revised Terms.

2. Account Registration

To access certain features of the Platform, you must register for an account. When registering, you agree to:

• Provide accurate, current, and complete information during registration and keep it up to date.
• Maintain the security of your account credentials and immediately notify us of any unauthorised access.
• Complete identity verification (KYC) as required under FICA before engaging in transactions. Suppliers must additionally provide CIPC business registration documentation.
• Accept responsibility for all activities that occur under your account.
• Not create multiple accounts, impersonate another person, or use a false identity.

We reserve the right to suspend or terminate accounts that fail to complete required verification, provide false information, or violate these Terms.

3. User Obligations

All users of the Platform agree to:

• Comply with all applicable South African laws and regulations, including but not limited to mining regulations, tax obligations, and trade laws.
• Use the Platform only for legitimate coal trading purposes.
• Not engage in any fraudulent, deceptive, or misleading practices.
• Not use the Platform to launder money, finance illegal activities, or circumvent financial regulations.
• Treat all other users with respect and conduct business in good faith.
• Not attempt to interfere with, disrupt, or compromise the security or integrity of the Platform.

4. Marketplace Rules

4.1 Supplier Obligations

• All coal listings must accurately represent the quality, grade, quantity, and specifications of the coal offered.
• Suppliers must have the legal right and authority to sell the coal listed on the Platform.
• Listings must include truthful information about calorific value, ash content, moisture content, sulphur content, and other relevant specifications.
• Suppliers must fulfil orders within the estimated delivery timeframes stated in their listings.
• All coal must comply with applicable South African quality and safety standards.

4.2 Buyer Obligations

• Buyers must have the financial capacity to complete transactions they initiate.
• Payment must be made through the Platform's designated payment channels (Ozow, PayFast, or direct EFT to escrow).
• Buyers must confirm delivery receipt in a timely manner to allow release of escrow funds.
• Any issues with an order must be reported within the dispute window specified for the transaction.

5. Transactions & Escrow

All transactions on the Platform are facilitated through TradeSafe, our escrow payment partner. The escrow process works as follows:

1. The buyer places an order and submits payment, which is held securely in the TradeSafe escrow account.
2. The supplier is notified of the order and proceeds with preparation and delivery of the coal.
3. Upon delivery, the buyer inspects the coal and confirms satisfactory receipt on the Platform.
4. Once delivery is confirmed, escrow funds are released to the supplier, minus applicable platform fees.
5. If the buyer raises a dispute within the dispute window, the escrow funds are held pending resolution.

Coalyard Solutions acts as a facilitator and does not take ownership of or handle any coal directly. The Platform is a marketplace connecting buyers and suppliers.

6. Fees & Charges

Coalyard Solutions charges a platform fee on each completed transaction. The fee structure is as follows:

• Platform Fee: A per-ton fee is charged on every successful transaction processed through the Platform. The current fee is displayed at checkout before you confirm your order.
• Payment Processing: Standard payment processing fees may apply for EFT (via Ozow) or card payments (via PayFast).
• Escrow Fees: TradeSafe escrow service fees are included in the platform fee and are not charged separately.

All fees are exclusive of VAT unless stated otherwise. We reserve the right to adjust our fee structure with reasonable notice to users. Any fee changes will be communicated via email and displayed prominently on the Platform.

7. Dispute Resolution

In the event of a dispute between a buyer and supplier, the following process applies:

1. Dispute Filing: Either party may raise a dispute through the Platform within the dispute window for the relevant transaction.
2. Evidence Submission: Both parties are given the opportunity to submit evidence including photographs, documents, and written statements.
3. Mediation: Our dispute resolution team will review the evidence and attempt to mediate a fair resolution between the parties.
4. Resolution: If mediation is unsuccessful, Coal Yard Mining Solutions will issue a binding decision based on the evidence provided. Escrow funds will be released in accordance with the decision.

Users acknowledge that the dispute resolution process is conducted in good faith and that Coalyard Solutions's decisions are final within the Platform. This does not affect your legal rights to pursue remedies through the South African courts.

8. Intellectual Property

The Platform, including its design, code, content, logos, and trademarks, is the intellectual property of Coalyard Solutions (Pty) Ltd. Users retain ownership of content they submit to the Platform (such as listing descriptions and images) but grant us a non-exclusive, worldwide licence to use, display, and distribute such content as necessary for the operation of the Platform.

9. Limitation of Liability

To the maximum extent permitted by South African law:

• Coalyard Solutions provides the Platform on an "as is" and "as available" basis, without warranties of any kind, whether express or implied.
• We do not guarantee the quality, safety, legality, or delivery of any coal traded on the Platform. Users transact at their own risk.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform.
• Our total liability for any claim arising from or related to the Platform shall not exceed the total fees paid by you to Coal Yard Mining Solutions in the twelve (12) months preceding the claim.
• We are not responsible for the actions, products, or content of any third-party services, including payment processors and escrow providers.

10. Termination

Either you or Coalyard Solutions may terminate your account at any time:

• By You: You may close your account at any time by contacting support. Any pending transactions must be completed or cancelled before account closure.
• By Us: We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, fail to complete KYC verification, or for any other reason at our sole discretion.
• Effect of Termination: Upon termination, your access to the Platform will cease. Any funds held in escrow will be handled in accordance with the escrow terms and applicable law.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from or related to these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa, with the Johannesburg High Court having primary jurisdiction.

Applicable legislation includes, but is not limited to, the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002, the Protection of Personal Information Act 4 of 2013 (POPIA), and the Financial Intelligence Centre Act 38 of 2001 (FICA).

12. Contact Information

If you have any questions about these Terms of Service, please contact us: