Legal Terms
This policy version is current as of 1 June 2026. Previous versions are archived and available on request. Material changes will be notified to active subscribers 30 days in advance of effective date. Prior versions remain on file and are available on request to accounts@centrasolve.com.
1. Overview
These Legal Terms govern the legal relationship between CentraSolve (operated by Pan African Commodities Platform (Pty) Ltd, registration number 2013/114954/07, "the Operator") and customers using the platform. They are read in conjunction with the Refund Policy, the Cancellation Policy, and the Confidentiality & Data Protection Statement.
These Legal Terms address governing law, dispute resolution, statutory rights preservation, jurisdictional matters, and policy version control. They do not replace bespoke contracts in place under Enterprise or special-arrangement engagements; where a separate contract exists, that contract takes precedence in respect of the matters it governs.
2. Governing law
These Legal Terms, the Refund Policy, the Cancellation Policy, and any agreement formed between CentraSolve and the customer through use of the platform are governed by and construed in accordance with the laws of the Republic of South Africa.
The choice of South African law applies regardless of the customer's location, except to the extent that mandatory provisions of the customer's local law cannot be excluded by contract (see section 4 below on international rights preservation).
3. Jurisdiction
Subject to the dispute resolution hierarchy in section 5 below, the courts of the Western Cape Province of the Republic of South Africa, sitting in Cape Town, have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Legal Terms or the customer's use of the platform.
The customer accepts the convenience of this forum. For non-Western-Cape-resident customers, the choice reflects the Operator's place of business and the location at which platform services are administered.
4. International rights preservation
Nothing in these Legal Terms limits or excludes any mandatory rights the customer may have under their local law. In particular:
South African customers
South African customers retain all statutory rights available under:
- The Consumer Protection Act 68 of 2008, where applicable to the transaction (typically business-to-consumer engagements)
- The Electronic Communications and Transactions Act 25 of 2002, including any cooling-off rights provided for electronic transactions
- The Protection of Personal Information Act 4 of 2013 (POPIA) in respect of data subject rights
- The National Credit Act 34 of 2005, where applicable
European Economic Area and United Kingdom customers
Customers resident in the European Economic Area retain all rights under the EU General Data Protection Regulation (GDPR) and the consumer protection legislation of their country of residence.
Customers resident in the United Kingdom retain all rights under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
Where these rights provide stronger protections than these Legal Terms or other CentraSolve policies, the stronger protections apply to those customers in respect of the matters they cover.
Other international customers
Customers resident outside South Africa, the EEA, and the United Kingdom retain all mandatory consumer protection and data protection rights provided by the law of their country of residence.
The United Nations Convention on Contracts for the International Sale of Goods (CISG)
The CISG does not apply to contracts formed via use of the CentraSolve platform. CentraSolve is a software service, not a sale of goods; the CISG is excluded for clarity.
5. Dispute resolution hierarchy
CentraSolve has chosen a graduated dispute resolution approach designed to favour direct, fast, low-cost resolution over adversarial litigation. The parties agree to follow this hierarchy in order:
- Direct resolution. The customer raises the concern by emailing accounts@centrasolve.com. CentraSolve responds within 2 business days. Both parties engage in good faith for a period of up to 14 calendar days to resolve the matter directly.
- Mediation. If direct resolution is unsuccessful, either party may propose mediation. Mediation is conducted by a mediator agreed between the parties, or failing agreement within 7 days, by a mediator appointed by the Arbitration Foundation of Southern Africa (AFSA). The mediation period is up to 30 calendar days from appointment of the mediator. Costs of mediation are shared equally unless otherwise agreed.
- Arbitration. If mediation does not produce a settlement, the dispute is referred to arbitration administered by the Arbitration Foundation of Southern Africa (AFSA) under its prevailing commercial arbitration rules. The arbitration takes place in Cape Town. The award of the arbitrator is final and binding on the parties.
- Court. The Western Cape High Court has exclusive jurisdiction to enforce arbitration awards and to hear matters in respect of which arbitration is statutorily unavailable.
Exceptions to the hierarchy
Either party may apply directly to a court of competent jurisdiction without first attempting direct resolution, mediation, or arbitration for:
- Urgent interim relief, including interdicts and injunctions, where the matter is genuinely urgent and other relief would be ineffective
- Enforcement of intellectual property rights against third-party infringement
- Matters of regulatory enforcement initiated by competent authorities
6. Limitation of liability
To the maximum extent permitted by law, and without limiting any mandatory statutory rights of the customer:
- The Operator's aggregate liability arising out of or in connection with the customer's use of the platform is limited to the amounts actually paid by the customer to the Operator in the 12 months preceding the event giving rise to the claim.
- The Operator is not liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost business opportunities, lost data not preserved in the customer's own systems, or loss of goodwill, even where the Operator has been advised of the possibility of such damages.
- Nothing in this section limits liability for: fraud or fraudulent misrepresentation; death or personal injury caused by negligence; or any other liability that cannot be limited or excluded as a matter of South African law.
7. Operator's right to modify these terms
Material changes to these Legal Terms or to any policy referenced from them will be notified to active subscribers by email at least 30 days in advance of the effective date. The notification will include:
- A summary of the changes and the reasons for them
- The effective date
- The customer's right to cancel without penalty within the notice period if they do not accept the new terms
Customers may cancel their subscription within the notice period by following the standard cancellation procedure in the Cancellation Policy. Where a customer continues to use the platform after the effective date, the customer is deemed to have accepted the revised terms.
8. Severability
If any provision of these Legal Terms is found by a competent court or arbitrator to be unenforceable, the remaining provisions remain in full force and effect. The unenforceable provision is replaced (so far as legally permitted) with a provision that most closely reflects the parties' original intent.
9. Entire agreement and precedence
These Legal Terms, the Refund Policy, the Cancellation Policy, the Confidentiality & Data Protection Statement, and the pricing arrangements published on the Pricing page (together with any bespoke contract for Enterprise or special-arrangement engagements) constitute the entire agreement between the customer and the Operator in respect of the customer's use of the platform.
Where there is a conflict between these documents:
- A bespoke contract (Enterprise or special arrangement) takes precedence in respect of the matters it governs
- Otherwise, the more specific policy takes precedence over the more general (e.g. the Cancellation Policy on cancellation matters, the Refund Policy on refund matters)
- Failing other resolution, these Legal Terms govern
10. Operator contact details
Operator: Pan African Commodities Platform (Pty) Ltd ("PACP")
Registration number: 2013/114954/07
South African company, incorporated under the Companies Act 71 of 2008
General contact: accounts@centrasolve.com
Information Officer (POPIA): Anthony Adendorff, anthony@pacp.biz
Platform: https://centrasolve.com