Privacy Policy
18.1 Introduction
18.1.1 We recognise the importance of protecting your privacy in respect of your personal information (as this phrase is defined in the Protection of Personal Information Act, 2013 (“POPI Act”) collected by us when you use this Application and Web Site.
18.1.2 In adopting this Privacy Policy, we wish to balance our legitimate business interests and your reasonable expectation of privacy. Accordingly, we will take reasonable steps to prevent unauthorised access to, or disclosure of your personal information. However, we do not guarantee that your personal information shall be 100% secure.
18.2 Your agreement in relation to your personal information
18.2.1 By continuing to use the Application and/or the Web Site:
18.2.1.1 you agree to the terms and conditions set out in this Privacy Policy. If you do not agree with this Privacy Policy, please do not continue to use the Application and Web Site; and
18.2.1.2 you agree that we may “collect, collate, process and/or store” your personal information (as this phrase is used in the POPI Act) (“Collect”) for, amongst other things, (i) the purposes of providing you with access to the Application, Web Site and the Content; and (ii) any for any of the purposes listed at clause 18.5 below.
18.2.2 We reserve the right to vary the terms of this Privacy Policy. It is your responsibility to familiarise yourself with the most recent version of this Privacy Policy each time you access the Web Site.
The clause above is important. You give us permission to use your personal information in the way set out in this Privacy Policy and accept that you may be limiting your privacy rights in relation to this personal information. This means that you cannot take action against us for using your personal information as set out in this Privacy Policy, even if you suffer loss or damages.
18.3 What types of personal information do we Collect?
18.3.1 The types of personal information that we may collect includes information necessary for our legitimate business interest, including (amongst other things) your name and identity number (optional), e-mail and physical addresses, postal addresses, contact information, and credit card information.
18.3.2 We will attempt to limit the types of personal information we Collect to only that to which you consent and which is necessary for our legitimate business interest.
18.4 When will we Collect your personal information?
Personal information may be Collected by us in several ways, including, when:
18.4.1.1 you register/sign up for the Courier Connexion Service;
18.4.1.2 you make use of the Courier Connexion Service
18.4.1.3 we carry out demographic research; and
18.4.1.4 you browse the Application and the Web Site.
18.4.2 You acknowledge that all personal information Collected by us may be stored by us and used for any of the purposes listed in clause 18.5 below.
18.4.3 You acknowledge that third parties that have links on the Application and/or the Web Site may also collect your personal information. You agree that the information processing practices of those third parties are neither under our control nor regulated by this Privacy Policy.
18.5 How do we Use your personal information?
18.5.1 We may use your personal information:
18.5.1.1 to notify you of any amounts payable by you for the Courier Services provided to you ;
18.5.1.2 to provide you with confirmation reports regarding whether or not a payment has been successfully made;
18.5.1.3 to verify any payments made by you on the Application and the Web Site;
18.5.1.4 to notify the Courier Service Providers of your payment(s);
18.5.1.5 for security, administrative and legal purposes;
18.5.1.6 for customer relations; and
18.5.1.7 for helping us in any future dealings with you.
18.6 Sharing of your personal information
18.6.1 While we will attempt not to disclose any of your personal information to third parties, except when we have your permission or for purposes of our legitimate business interests.
18.6.2 You agree that your personal information may be shared with (amongst others) the following parties:
18.6.2.1 our holding companies, subsidiary companies, agents, advisers, service providers and suppliers;
18.6.2.2 the Courier Service Providers that provide Courier Services to you;
18.6.2.3 data processors;
18.6.2.4 credits and other payment card providers; and
18.6.2.5 government and law enforcement agencies, where the law requires that we disclose your personal information to a party, and where we have reason to believe that a disclosure of personal information is necessary to identify, contact or bring legal action against a party who may be in breach of the Web Site Terms or may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users, or anyone else that could be harmed by such activities.
18.7 Use of cookies
18.7.1 Cookies are pieces of information a Web Site transfers to a user’s hard drive for record-keeping purposes. Cookies make surfing the web easier for you by saving your preferences and, tracking your online habits, traffic patterns, and making sure you do not see the same advertisement too often. The use of cookies is an industry standard.
18.7.2 We may place a “cookie” on your browser to store and sometimes track information about you.
18.7.3 While most browsers are initially set up to accept cookies, you can reset your browser to refuse all cookies or indicate when a cookie is being sent. Please note that some parts of the Web Site will not function properly if you refuse cookies.
18.8 Use of IP address
18.8.1 An IP address is a number that is automatically assigned to a computer whenever it is connected to the Internet. We log IP addresses, or the location of computers on the Internet.
18.8.2 We collect IP addresses for the purposes of system administration and to audit the use of the Application and Web Site. We do not ordinarily link IP addresses to personal information, which means that your session may remain anonymous. However, we cannot guarantee that this will always be the case, as it may be necessary to identify a particular user when it is necessary to enforce compliance with the User Terms or to protect our Application, Web Site, clients or other interests.
18.9 Links to other sites
When you are using the Web Site, you could be directed to other sites that are beyond our control. These other web sites may send their own cookies to you, collect data or solicit personal information. We do not control the privacy policies of those third party web sites.
18.10 Security
The importance of security for all personal information associated with you is of the utmost concern to us. While we exercise great care in providing secure transmission of your personal information, no data transmission over the Internet can be guaranteed to be 100% secure. We cannot guarantee the security of any information you transmit to, or from the Application and Web Site.
18.11 E-Mail
You agree that we may periodically send e-mails to you about materials, services, products or promotions offered by us and our advertisers to the e-mail address provided by you.
18.12 Cancellation and Refund Policy
18.12.1 Save as set out in clause 18.12.5 below, you acknowledge that we are not responsible for the accuracy and/or integrity of the amounts payable by you. All queries on the amount payable by you must be made directly to us at 010 444 0002 or email at connect@courierconnexion.com. We will not be responsible for any loss whether direct, indirect or consequential, arising from or related to your reliance on the information provided on the Application, the Web Site or otherwise communicated to you.
18.12.2 When you click to make a payment with us, legal obligations arise and your right to a refund of monies charged to your credit card, are limited by these User Terms. You must not make any payment through this Application and Web Site unless you understand and agree to all of the User Terms. Once payment is made, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any payment through the Application or the Web Site.
18.12.3 Once all the relevant details relating to the payment have been entered and confirmed on the Application or the Web Site, the details will be presented to the Bank for authorisation and payment. You will be notified of all successful and/or unsuccessful payments.
18.12.4 Subject to the provisions of clause 18.12.5 below, should you elect to cancel a request for the collection and/or delivery of an item after the Courier Service Provider has been dispatched or after the Courier Service Provider has collected the relevant item, you will, notwithstanding such cancellation, be charged the full amount payable for the collection and/or delivery of the relevant item, as quoted to, and accepted by, you via the Application and/or Web Site. However, should the Courier Service Provider not have been dispatched or the item not have been collected at the time of cancellation, we will only charge you 50% of the amount payable for the collection and/or delivery of the relevant item, as quoted to, and accepted by you via the Application and/or Web Site. Should you, for whatever reason, believe that you are entitled to a full refund you agree to direct all queries to us at 010 449 1910 or via email at connect@courierconnexion.com.
18.12.5 Notwithstanding the remaining provisions of this clause 18.12, should you believe that you are entitled to a refund in respect of an erroneous payment made as a result of incorrect billing information provided to you by us, you may send us a notice specifying all the relevant details of our error, including, but not limited to, the amount paid by you to our client as a result of the error and the name of our client to whom payment was made (“the Notice”). All Notices must be accompanied by proof of such payment. Such Notice must reach us within 14 (fourteen) days of the alleged erroneous payment whereafter, no refunds will be considered by us. After undertaking a thorough investigation and confirming to you that an erroneous payment was made we will, within 14 (fourteen) days of receipt of the Notice, refund you the actual amount erroneously paid. For the avoidance of doubt, our liability in this regard is limited to the actual amount erroneously paid by you to any service provider as a direct result of incorrect information provided to you by us.
The clause above is important. It contains assumptions of risk and/or liability by you and limits and excludes liabilities, obligations and legal responsibilities which we will have towards you and other persons.
This clause also limits and excludes your rights and remedies against us and places various risks, liabilities, obligations and legal responsibilities on you.
18.13 Payment methods
18.13.1 All transactions will be processed in South African Rand.
18.13.2 We accept all major credit cards, including MasterCard or Visa credit cards. However, we reserve the right, in our sole discretion, to decline certain types of credit cards.
18.13.3 In order to protect our own interests, the interests of our clients and any person making use of the Application and/or the Web Site, we will closely scrutinise the payments made on the Application and the Web Site to prevent or safeguard against any fraudulent activities.
18.13.4 Where fraud or other illegal activities are suspected, we will, in our discretion:
18.13.4.1 not accept the payment;
18.13.4.2 reverse the payment, in which event, you will have to make the payment directly to your service provider; or
18.13.4.3 report our suspicions to any relevant body or authority, such as the police, responsible for combating fraud.
18.13.5 For more information on how to make a payment, please contact connect@courierconnexion.com.
18.14 Security Policy
While no data transmission over the Internet can be guaranteed to be 100% secure, we will take all reasonable measures to insure information you transmit to us using the Application and the Web Site will remain confidential and protected from unauthorized access.
18.15 Variation of these User Terms
18.15.1 Subject to the variations or amendments provided for in terms of clause 18.15.2 below, no other variation or amendment, in any form whatsoever, of these User Terms will be enforceable or binding on us unless we have agreed to such variation or amendment in writing.
18.15.2 We are entitled and reserve the right to vary or amend these User Terms from time to time and in our sole discretion. Any amendments to these User Terms will be displayed on the Application and Web Site from time to time. On the first occasion on which you use this Application or Web Site after the Amended User Terms have been displayed, if you continue to use this Application and Web Site after having had a reasonable opportunity to review the Amended User Terms, the Amended User Terms will immediately be treated as being effective and binding on you.
18.15.3 It is your responsibility to access and familiarise yourself with any amendments to the User Terms on each occasion that you make use of the Application, the Web Site or the Content.
18.16 Miscellaneous matters
18.16.1 Addresses
18.16.1.1 Our address for the service of any legal notice is:
Isando Business Park Unit A2A Corner Hulley and Gewel Streets Isando Kempton Park 1619 South Africa
physical address : Isando Business Park Unit A2A Corner Hulley and Gewel Streets Isando Kempton Park 1619 South Africa
18.16.1.2 Notices given to the above addresses shall be deemed to have been duly given :
18.16.1.2.1 14 days after posting, if posted by registered post to the party’s postal address;
18.16.1.2.2 on delivery, if delivered to the party’s physical address;
18.16.1.2.3 on despatch, if sent to the party’s then fax number.
8.17 Disputes, claims and legal proceedings
18.17.1 Any dispute declared by you and any claim which you may have against us arising out of or in connection with these User Terms or the use of the Application, Web Site or the Content, including after termination, cancellation or amendment of these User Terms, will be referred to arbitration in accordance with the Arbitration Act 1965 (as amended) or any replacement Act and will take place in accordance with the Commercial Arbitration Rules of the Arbitration Foundation of Southern Africa.
18.17.2 If we declare a dispute with you, or wish to institute any claim or legal proceedings against you arising out of or in connection with these User Terms or your use of the Application, the Web Site or of the Content, we reserve the right to deal with the matter in a forum of our choice, which will include but will not be limited to, the courts of the Republic of South Africa. This right will continue to apply after termination, cancellation or amendment of these User Terms.
18.17.3 Notwithstanding anything to the contrary contained in these User Terms, neither you nor we will be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the institution or resolution of a dispute or other legal proceedings.
18.18 Costs
Any costs, including legal costs on attorney and own client scale and value-added tax, incurred by us arising out of your use of the Application, the Web Site or the Content, or a breach of these User Terms, will be borne by you.
The clause above is important. It contains assumptions of risk and/or liability by you and limits and excludes liabilities, obligations and legal responsibilities which we will have towards you and other persons.
This clause also limits and excludes your rights and remedies against us and places various risks, liabilities, obligations and legal responsibilities on you.
18.19 Assignment
18.19.1 You shall not cede, assign or transfer any of your rights and obligations in these User Terms without our prior written consent.
18.19.2 We are entitled to cede, assign or transfer any of our rights and obligations in these User Terms without your prior written consent and without notice to you.
18.20 Interpretation
18.20.1 A copy of the POPI Act can be viewed and downloaded at http://www.polity.org.za. It is your responsibility to ensure that the copy downloaded is the most recent version of the POPI Act.
18.20.2 In the event that any of the terms of these User Terms are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
18.20.3 No relaxation or indulgence which we may grant to you will be deemed to be a waiver of any of our rights in these User Terms or in law.
18.20.4 In the event of any conflict between these User Terms and any Additional User Terms, the Additional User Terms will prevai
18.20.5 The termination of the agreement created by these User Terms will be without prejudice to any other rights or remedies that you or we may be entitled to under this agreement or at law, and will not affect any our or your accrued rights or liabilities nor the coming into or continuance in force of any provision of these User Terms which is expressly or by implication intended to come into or continue in force on or after such termination.