Terms & Conditions

These Terms and Conditions ("Agreement") govern your access to and use of Brand Insights ("the Service", "the Platform"), a business intelligence product owned and operated by PriceCheck (Pty) Ltd, registration number 2007/013797/07, with its registered address at 3rd Floor, 125 Buitengracht Street, Cape Town, 8000, South Africa ("PriceCheck", "we", "us").

By creating an account, accessing the Platform, or otherwise using the Service, the company or individual doing so ("Client", "you") agrees to be bound by this Agreement. If you do not agree, do not access or use the Service.

Brand Insights is a business-to-business (B2B) service. It is not intended for, and may not be used by, individual consumers. By accepting this Agreement, you confirm that you are acting on behalf of a registered business entity and are authorised to bind that entity to this Agreement.

1. The Service

Brand Insights provides brand owners, manufacturers, and their authorised representatives with access to retail market intelligence data sourced from the PriceCheck platform. The Service includes:

• Brand performance tracking (click trends, market share, listing presence)
• Retailer distribution reporting (which retailers are stocking your products)
• Price intelligence (your product pricing relative to competitors across SA retailers)
• Shopper demand and user behaviour data derived from PriceCheck traffic
• Product comparison tooling across your brand portfolio
• Configurable email alerts for price changes, delistings, and competitor activity

All data surfaced through the Service is derived from PriceCheck's own platform and data sources. PriceCheck does not guarantee the completeness of retailer coverage and makes no representation that all South African retailers or all product listings are included.

2. Accounts and Authorised Users

Access to the Service is granted at a company level. The individual who registers is responsible for all activity under that account. You may invite additional users within your organisation up to the seat limit of your subscription plan.

You are responsible for ensuring that login credentials are kept confidential and that access is limited to authorised personnel within your company. PriceCheck accepts no liability for unauthorised access resulting from your failure to protect your credentials.

You must notify PriceCheck immediately at accounts@pricecheck.co.za upon becoming aware of any unauthorised access to your account.

3. Subscriptions and Billing

Access to Brand Insights is provided on a subscription basis. Subscription plans and pricing are as published on the Platform at the time of sign-up. PriceCheck reserves the right to amend pricing on 30 days' written notice to you.

• Free Trial: New accounts are entitled to a 14-day free trial with full platform access. No credit card is required to begin the trial. At the end of the trial period, continued access requires selecting and paying for a subscription plan.
• Billing: Subscriptions are billed monthly in advance. Payment is processed via our payment provider. You authorise PriceCheck to charge your selected payment method on the billing date each month.
• Cancellation: You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. No refunds are issued for partial billing periods.
• Non-payment: PriceCheck reserves the right to suspend or terminate access to the Service if payment is not received within 7 days of the due date.

4. Acceptable Use

You agree to use the Service only for lawful business purposes and in accordance with this Agreement. You may not:

• Resell, sublicense, or provide access to the Service to any third party outside your organisation without PriceCheck's prior written consent
• Use the Service to build a competing product or service
• Scrape, copy, or systematically extract data from the Platform by automated means
• Reverse engineer, decompile, or attempt to derive the source code of the Platform
• Use the Service to monitor brands or products for which you have no legitimate commercial interest
• Submit false or misleading information in connection with your account
• Attempt to gain unauthorised access to any part of the Platform or its underlying infrastructure
• Interfere with or disrupt the integrity or performance of the Service

5. Intellectual Property

All intellectual property rights in and to the Service, including the Platform, its underlying technology, data, reports, and content, vest in PriceCheck or its licensors. Nothing in this Agreement transfers any ownership of intellectual property to you.

You are granted a limited, non-exclusive, non-transferable licence to access and use the Service solely for your own internal business purposes during the term of your subscription. You may download or export reports generated by the Service for internal use and for sharing with colleagues, clients, or stakeholders within your organisation.

The PriceCheck name, logo, and Brand Insights mark are trademarks of PriceCheck (Pty) Ltd and may not be used without prior written consent.

6. Data Accuracy

The data provided through the Service is sourced from PriceCheck's platform, which aggregates retail listings from participating merchants. While PriceCheck makes reasonable efforts to ensure data accuracy, it does not warrant that:

• All retailers or product listings in South Africa are covered
• Pricing, availability, or listing data is error-free or up to the minute
• Market share calculations reflect absolute market conditions beyond PriceCheck's platform

Data is provided for informational and decision-support purposes. You are responsible for independently verifying material data before making significant commercial decisions based on it.

7. Confidentiality

Each party agrees to keep confidential any non-public information received from the other party in connection with this Agreement and not to disclose such information to any third party without prior written consent, except as required by law.

8. Limitation of Liability

To the maximum extent permitted by applicable law, PriceCheck shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, loss of profits, loss of data, or loss of business opportunity, arising out of or related to your use of the Service.

PriceCheck's total aggregate liability to you under this Agreement, whether in contract, delict, or otherwise, shall not exceed the total subscription fees paid by you in the three months immediately preceding the event giving rise to the claim.

9. Disclaimer

The Service is provided on an "as is" and "as available" basis. PriceCheck makes no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. PriceCheck does not warrant that the Service will be uninterrupted, error-free, or free from harmful components.

PriceCheck may perform scheduled or emergency maintenance that results in temporary unavailability of the Service and will endeavour to provide advance notice where possible.

10. Privacy and Data Protection

PriceCheck processes personal information in accordance with the Protection of Personal Information Act, 4 of 2013 ("POPIA") and as further described in our Privacy Policy. By using the Service, you acknowledge and agree to the terms of our Privacy Policy.

11. Suspension and Termination

PriceCheck may suspend or terminate your access to the Service immediately and without notice if:

• You breach any term of this Agreement
• You fail to pay subscription fees when due
• PriceCheck reasonably suspects fraudulent or abusive use of the Service
• Required by law or regulation

Upon termination, your right to access the Service ceases immediately. PriceCheck will retain your account data for 30 days following termination, after which it may be permanently deleted.

12. Changes to this Agreement

PriceCheck may update this Agreement from time to time. We will notify you of material changes by email or by notice within the Platform. Your continued use of the Service after the effective date of any amendment constitutes your acceptance of the revised Agreement.

13. Governing Law and Disputes

This Agreement is governed by the laws of the Republic of South Africa. Any dispute arising from or in connection with this Agreement shall, in the first instance, be referred for negotiation between senior representatives of both parties. Should the dispute not be resolved within 14 business days, it shall be referred to confidential arbitration under the expedited rules of the Arbitration Foundation of South Africa, with proceedings conducted in Cape Town in English.

14. General

• Entire Agreement: This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and PriceCheck regarding the Service and supersedes all prior agreements and understandings.
• Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in full force and effect.
• No Waiver: PriceCheck's failure to enforce any provision of this Agreement will not constitute a waiver of its right to enforce that provision in the future.
• Assignment: You may not assign your rights under this Agreement without PriceCheck's prior written consent. PriceCheck may assign its rights to an affiliate or in connection with a merger or acquisition.

15. Contact and Company Information

As required by the Electronic Communications and Transactions Act, 25 of 2002:

• Full name: PriceCheck (Pty) Ltd
• Registration number: 2007/013797/07
• Registered in: Republic of South Africa
• Address: 3rd Floor, 125 Buitengracht Street, Cape Town, 8000, South Africa
• Product: Brand Insights
• Website: www.pricecheck.co.za
• Email: accounts@pricecheck.co.za