Terms & Conditions
1. Definitions and Descriptions
1.1 In these terms and conditions:
1.1.1 “we”, “our” and “us” means Trade Ocean Shipping Services (Pty) Ltd registration number, 2006 / 023770 / 07 trading as CCX (Courier Connexion)
1.1.2 “you” and “your” means any person who makes use of the Application or the Web Site;
1.1.3 “the Application” means the application supplied by us and downloaded and installed by you on your mobile (smart phone) device, which enables you, individuals and businesses to access, and request Courier Services from our national network of Courier Service Providers;
1.1.4 “the Courier Service” means the collection and delivery service made available by a Courier Service Provider, which may be requested through the use of the Application and/or the Web Site;
1.1.5 “the Courier Service Provider” means a third party offering a Courier Service through the Application and/or the Web Site;
1.1.6 “force majeure event” means any event beyond our reasonable control (including, amongst other things, unpredictable adverse weather conditions, national industrial strikes, civil disorder, epidemics, plagues, boycotts, lock-outs of all kinds, go-slows, war, acts of God, acts of terrorism, floods, earthquakes or civil disturbance, which in each case could not reasonably be foreseen and is beyond our reasonable control);
1.1.7 “the CCX Service” means the service made available by us through the Application and the website by means of which you are able to access the Courier Service and make payment of any invoice presented to you by us on behalf of a Courier Service Provider for any Courier Services provided to you;
1.1.8 “Use/use” means to use, access, refer to, and/or view the CCX Service; and
1.1.9 “the Web Site” means the web site which is accessible at the URL: courierconnexion.com.
1.2 Unless the context requires otherwise or it is expressly stated to the contrary, any words and phrases not defined in these Web Site Terms but defined in the Electronic Communications and Transactions Act 25 of 2002 (“the ECT Act”) will bear the same meaning given to them in the ECT Act; and
1.3 References to “writing” or notices “in writing” only includes writing on paper signed in ink by our authorised representative and specifically excludes any writing which may be in electronic form.
1.4 The terms and conditions, the privacy policy, and any additional document we incorporate by reference shall apply to you when you use any part of the Application and the Web Site (the “User Terms”).
1. Definitions and Descriptions
1.1 In these terms and conditions:
1.1.1 “we”, “our” and “us” means Trade Ocean Shipping Services (Pty) Ltd registration number, 2006 / 023770 / 07 trading as CCX (Courier Connexion)
1.1.2 “you” and “your” means any person who makes use of the Application or the Web Site;
1.1.3 “the Application” means the application supplied by us and downloaded and installed by you on your mobile (smart phone) device, which enables you, individuals and businesses to access, and request Courier Services from our national network of Courier Service Providers;
1.1.4 “the Courier Service” means the collection and delivery service made available by a Courier Service Provider, which may be requested through the use of the Application and/or the Web Site;
1.1.5 “the Courier Service Provider” means a third party offering a Courier Service through the Application and/or the Web Site;
1.1.6 “force majeure event” means any event beyond our reasonable control (including, amongst other things, unpredictable adverse weather conditions, national industrial strikes, civil disorder, epidemics, plagues, boycotts, lock-outs of all kinds, go-slows, war, acts of God, acts of terrorism, floods, earthquakes or civil disturbance, which in each case could not reasonably be foreseen and is beyond our reasonable control);
1.1.7 “the CCX Service” means the service made available by us through the Application and the website by means of which you are able to access the Courier Service and make payment of any invoice presented to you by us on behalf of a Courier Service Provider for any Courier Services provided to you;
1.1.8 “Use/use” means to use, access, refer to, and/or view the CCX Service; and
1.1.9 “the Web Site” means the web site which is accessible at the URL: courierconnexion.com.
1.2 Unless the context requires otherwise or it is expressly stated to the contrary, any words and phrases not defined in these Web Site Terms but defined in the Electronic Communications and Transactions Act 25 of 2002 (“the ECT Act”) will bear the same meaning given to them in the ECT Act; and
1.3 References to “writing” or notices “in writing” only includes writing on paper signed in ink by our authorised representative and specifically excludes any writing which may be in electronic form.
1.4 The terms and conditions, the privacy policy, and any additional document we incorporate by reference shall apply to you when you use any part of the Application and the Web Site (the “User Terms”).
2. What do these User Terms regulate?
These User Terms, subject to clause 5.1 below, apply to your use of:
2.1.1 the Application;
2.1.2 the Web Site;
2.1.3 the CCX Service; and
2.1.4 the information, content, products or services including (without limitation) any text, software, icons, graphics, images, sound clips, trade names, logos, designs, trade marks and service marks which are displayed on, available on or incorporated in the Application and the Web Site (“the Content”), to the extent that such Content is not regulated by its own terms of use.
3. Your agreement to comply with these User Terms
3.1 You agree that:
3.1.1 by clicking/checking the “I Agree”, making use of the CCX Service, and/or any other continued use of the Application and the Web Site will signify your agreement to comply with all of the terms and conditions of these User Terms;
3.1.2 these User Terms shall apply even where the Content is provided by or belongs to the Courier Service Providers, affiliates, subsidiaries, holding companies, partners, third-party providers or any other party; and
3.1.3 we may at any time amend, or impose additional terms and conditions relating to the CCX Service, any other service, content, product, facility or functionality which is made available by us by way of the Application and/or the Web Site.
3.2 If you do not agree to these Web Site Terms you must:
3.2.1 not make use of the CCX Service;
3.2.2 immediately stop using the Application, the Web Site and the Content; and
3.2.3 immediately delete all copies of the Content in your possession or under your control.
3.3 You may print a copy of these User Terms. If you have any difficulty printing these User Terms or require assistance in obtaining a hard copy or an electronic copy of these User Terms or of the Additional User Terms, you should contact our support team on email address: connect@courierconnexion.com
The clause above is important. It requires you to acknowledge and agree to certain statements. You will not be able to deny your agreement to the statements listed above
4. The Courier Connexion Service
4.1 The Courier Connexion Service is a service offered by us and which enables you and/or your business to access and request, via the Application or the Internet, Courier Services from our national network of Courier Service Providers in South Africa.
4.2 In essence, the Courier Connexion Service enables you to request and pay for Courier Services electronically.
5. Registration for the Courier Connexion Service
5.1 Only users who have registered for the COURIER CONNEXION Service may make use of the COURIER CONNEXION Service. To register for and use the COURIER CONNEXION Service you will be required to:
5.2 In essence, the COURIER CONNEXION Service enables you to request and pay for Courier Services electronically.
5.1.1 download the Application onto your mobile telephone, or visit the Web Site at tcx.tradeocean.co.za
5.1.2 agree to these User Terms;
5.1.3 provide us with all of the information required by us to facilitate your use of the COURIER CONNEXION Service including, but not limited to: (i) your email address; (ii) your contact number; and (iii) your credit card details against which payments for your use of the COURIER CONNEXION Service shall be processed; and
5.1.4 validate your credit card details using the credit card validation procedure outlined in paragraph 6.
5.2 Upon registration for the COURIER CONNEXION service:
5.2.1 You will be required to create a unique personal password, of your choice, which shall be no less than 5 and no more than 12 characters; and
5.2.2 You will be able to access the COURIER CONNEXION Service by entering your unique password into the Application or Web Site.
5.3 You must not provide your username or password to anyone. You are solely responsible for keeping your username and password secret..
5.4 You are solely responsible for any Loss you may suffer should any other person use your username or password.
6. Identity authentication and credit card validation process
6.1 By your acceptance of these User Terms, you authorise us to make any inquiries we consider necessary to validate your identity, including making enquiries at any credit bureau.
6.2 You authorise us, upon your registration of a credit card, to process a transaction against your credit card of a random amount of no more than R5.00.
6.3 In order to complete the validation process, the next time you login to use the Courier Connexion Service, you will be requested to confirm the random amount processed against your credit card, at which time we will reverse the transaction. Please note that you will not be able to access the Courier Services until you have completed the validation process.
7. Authorisation
You hereby authorise us to access the credit card account nominated by you for the purposes of processing any payments due and payable by you for any Courier Services provided to you through the COURIER CONNEXION Service.
The clause above is important. It requires you to agree to allow us to access your credit card and deduct amounts from your credit card. You will not be able to deny that you gave us permission to access and deduct amounts from, your credit card.
8. Using the COURIER CONNEXION Service
8.1 After you have successfully registered for the COURIER CONNEXION Service (as contemplated above), you will be able to submit requests for Courier Services via the Application and/or the Web Site.
8.2 In order to make a request for a Courier Service, you will be required to provide us with certain details relating to each item that you wish to be collected and delivered by the Courier Service Provider, including but not limited to:
8.2.1 the collection and delivery points;
8.2.2 the size of the item;
8.2.3 the weight of the item;
8.2.4 your preferred collection and/or delivery date and time; and
8.2.5 the Courier Service required.
8.3 Once you have submitted this information, the Application will generate quotations from various Courier Service Providers. You will then be asked to select your preferred quotation from the quotations provided by the Courier Service Providers. Your selection of a preferred quotation will be deemed to be a formal request for Courier Services.
8.4 The Courier Service Provider has complete discretion to accept or reject each request submitted by you for a Courier Service.
8.5 If a Courier Service Provider accepts a request, we will notify you via email and provide you with confirmation of your request as well as information regarding the Courier Service Provider.
8.6 For the avoidance of doubt, we only act as an intermediary between you and the Courier Service Provider. Accordingly, we shall not be liable for any loss which you may suffer pursuant to the destruction, loss or damage of any items delivered and/or collected by a Courier Service Provider.
9. Your use of the Application and Web Site
9.1 You warrant that the information you provide to us is accurate and complete.
9.2 You may only access the COURIER CONNEXION Service using authorised means. It is your responsibility to ensure that you download the correct Application for your device. We are not responsible if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. We reserve the right to terminate the COURIER CONNEXION Service and the use of the Application should you be using the COURIER CONNEXION Service or Application on an incompatible to unauthorised device.
9.3 Subject to the further provisions of these User Terms, the COURIER CONNEXION Service, the Application, the Web Site and the Content may only be used by you for lawful personal purposes (“the Permitted Use”). The Permitted Use shall not extend to the use of the source code of the Application and the Web Site or the Content.
9.4 In addition, you are not allowed, without our prior written approval, to:
9.4.1 use the COURIER CONNEXION Service to transport any illegal substances or items;
9.4.2 frame, link to, modify, distribute, commercialise, exploit and/or alter the Application or the Web Site or the Content;
9.4.3 incorporate any part of the Content in any other work or publication; and/or
9.4.4 perform any other act which may not be considered fair use.
(collectively “Prohibited Acts”)
9.5 These User Terms and any restrictions on the use of the Application and the Web Site or the Content shall also apply to any part of the Application and the Web Site or the Content which may be cached when using the Application or the Web Site or the Content.
9.6 Requests for approval to perform a Prohibited Act must be submitted to the Chief Operating Officer. We are entitled, in our sole discretion, to withhold or grant consent. We may also impose any conditions on any consent which is granted by us.
9.7 We may, in our sole discretion, at any time and for any reason and without prior written notice, suspend or terminate:
9.7.1 the COURIER CONNEXION Service;
9.7.2 the operation of the Application, the Web Site or any of the Content; or
9.7.3 your right to use the Application and the Web Site or any of the Content.
9.8 You may not transfer any rights granted to you in terms of these User Terms to any other person or entity.
9.9 We are allowed to grant the same, similar, additional or different rights to any other person or entity.
9.10 You are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you to use the Application, the Web Site or the Content.
The clause above is important. It is a promise that all the information you give to us is correct. 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 the remedies which you will have against us and places various risks, liabilities, obligations and legal responsibilities on you.
10. Payment
10.1 The use of the Application, and the Web Site is provided free of change. We reserve the right to introduce a fee for the use of the Application. If we decide to introduce such a fee we shall inform you accordingly and allow you to either continue or terminate your agreement with us.
10.2 However, we will charge you for the Courier Services provided to you by a Courier Service Provider.
10.3 The quotes generated by the Courier Connexion Service will vary depending on each request made by you. You are aware that we rely on the information provided by you through the Application and the Web Site when generating the quotes from the Courier Service Providers. You agree that the quotations generated by the COURIER CONNEXION Service are not final and may change once we have confirmed and verified the actual size and weight of the item delivered by a Courier Service Provider.
10.4 You agree to pay for all Courier Services provided to you. In this regard, you agree that we may deduct from your credit card account the amount payable in respect of any Courier Services provided to you, including taxes, late fees or surcharges as as applicable that may be accrued in connection with your account. You agree that the price quoted to you may change depending on whether you have provided the correct information to us. In other words, if the information (i.e. weight and dimension or volumetric of an item) you provide to us in relation to the item to be collected and/or delivered is incorrect or inaccurate, we reserve the right to deduct from your credit card the actual amount payable in respect of the delivery and collection of the applicable item. We will notify you of the revised amount prior to us deducting the actual amount payable from your credit card and request that you confirm that we may do so.
10.5 We use a third-party payment service to link your credit card account to the Application and Web Site. The processing of payments in connection with your use of the COURIER CONNEXION Service will be subject to the terms, conditions and privacy policies of the third-party payment service provider and your credit card issuer. We are not responsible for any errors caused by or attributable to the third-party payment service provider and/or your credit card issuer.
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.
You agree to be responsible for all costs incurred by you when using the COURIER CONNEXION Service.
You accept that the price ultimately charged to your credit card may change from the original price quoted to you if the information that you provide to us is incorrect.
10.6 All wallet balances will expire after year from the wallet being loaded.
10.7 We cannot refund or transfer wallet amount back into the client’s bank account. All COURIER CONNEXION Users must make use of their COURIER CONNEXION wallet balances until the amount is depleted.
11. Exclusion of liability for use of the Application, the Web Site and the Content
11.1 Your use of the Application, the Web Site and the Content is entirely at your own risk.
11.2 Subject to the provisions of the ECT Act and to the fullest extent allowed by law, we shall not have any liability whatsoever in relation to the COURIER CONNEXION Service, the Application, the Web Site and the Content. You hereby indemnify us against any loss, liability, expense, claim, penalty or damage (“Loss”), whether direct, indirect, special or consequential, arising from your use of or reliance on the COURIER CONNEXION Service, the Application, the Web Site or the Content, or any actions or transactions resulting therefrom, even if we have been advised of the possibility of such Loss.
11.3 In addition, we will not be liable for any unavailability, interruption, downtime, malfunction, or failure of the COURIER CONNEXION Service, Application, Web Site or the Content for any reason whatsoever.
11.4 To the fullest extent allowed by law, if any of the limitations or exclusions of our liability in these User Terms are held by any competent court, arbitrator or authority to be invalid or unenforceable, in no event will our total cumulative liability to you exceed ZAR 100.00.
11.5 For the purposes of this clause 11, any reference to us will be deemed to also include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers, suppliers and content providers.
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.
12. Exclusion of warranties and representations
12.1 The Application, the Web Site, the Content and Courier Connexion service are provided “as is” and are subject to change without notice.
12.2 We do not accept any responsibility for –
12.2.1 any errors or omissions on Application, the Web Site or the Content;
12.2.2 a force majeure event resulting in late or non-delivery of an item by a Courier Service Provider;
12.2.3 the late delivery of an item by the selected courier as a result of traffic, load shedding, act of God, or any other reason; and
12.2.4 any changes which you may make to a Courier Service request directly with a Courier Service Provider.
12.3 In addition, you acknowledge that the Content may not be accurate or complete.
12.4 Subject to the provisions of the ECT Act, the Application, the Web Site, the Content is provided without any representation or warranty whatsoever, whether express, implied or statutory, including (without limitation) any representation or warranty as to the operation, integrity, compatibility, availability or functionality of this Web Site or as to the operation, accuracy, completeness, integrity, compatibility, availability, functionality or reliability of the Content.
12.5 We also make no warranty or representation, whether express or implied, that the Content is free of viruses, destructive materials or any other data or code which is able to harm or otherwise impede in any manner the operation of a computer system, computer network, any handset or mobile device, or your hardware or software and you accept all risks in this respect.
12.6 You may also not rely on any warranty or representation, which allegedly induced you to agree to these User Terms, unless the representation or warranty is recorded in these User Terms.
12.7 You acknowledge that this Application, Web Site and the Content is not intended to, and does not, constitute advice or a recommendation of any nature whatsoever, including (without limitation) in respect of any institution, investment, service or product.
12.8 The grant of any indulgence by us to you in respect of any matter connected to the Use of this Application, Web Site or the Content shall not constitute a waiver of any right by us or prevent or adversely affect the exercise by us of any existing or future right.
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.
13. References and links to and from other web sites
13.1 This Application or Web Site may contain references or links to other web sites (“Other Web Sites”) and to the products, opinions or services of third parties. Your use of the Other Web Sites or the products or services of third parties is entirely at your own risk.
13.2 Subject to the provisions of the ECT Act and to the fullest extent allowed by law, your use of Other Web Sites or the products or services of third parties shall be entirely at the your own risk. We shall not be responsible for any Loss whether direct, indirect, special or consequential, arising from or related to your reliance on, use or attempted use of Other Web Sites or the opinions, products or services of third parties.
13.3 You shall not make (and may not permit any third party to make) any reference to us, this Application, Web Site or the Content, whether by way of a link or otherwise, where the reference could in any way be interpreted as an endorsement, affiliation, or recommendation by us in relation to you or a third party, or of the services, products or opinions of a third party, without our prior written consent.
13.4 For the purposes of this clause 13, any reference to us will be considered to also include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers, suppliers and content providers.
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.
14. Intellectual Property Rights
14.1 The Application, Web Site and the Content are protected by law. Any unauthorised use of the Application, the Web Site and the Content is prohibited.
14.2 You will not acquire any right, title or interest in or to the Application, the Web Site or the Content other than those rights expressly granted to you in these User Terms.
14.3 Where any of the Content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
15. Your behaviour when using this Application or Web Site
15.1 You shall not use the Application and/or the Web Site to obtain or distribute:
15.1.1 copyrighted material or material protected by law without our prior written consent;
15.1.2 material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software.
15.2 You must not perform any act which may jeopardise or interfere with the functionality or the operation of any part of the Application and/or the Web Site.
15.3 You are strictly prohibited from using this Application or Web Site for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming” or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.
15.4 You shall not intercept any information transmitted to or from us or the Application or the Web Site which is not intended by us to be received by you.
16. Variation of certain deeming provisions in the ECT Act
16.1 By using the Application and/or the Web Site, you agree that these User Terms create a binding agreement between us and you, even though these User Terms are wholly or partly in the form of a data message. You agree specifically that:
16.1.1 the agreement will be treated as if it was concluded at our physical address on the date on which you first made any use of the Application or the Web Site;
16.1.2 an electronic signature is not required by you or us for purposes of agreeing to these User Terms;
16.1.3 your use of the Application, the Web Site or the Content is sufficient evidence of your agreement to these User Terms;
16.1.4 any data message sent by either you or us to the other will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within the Republic of South Africa;
16.1.5 any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorised by us;
16.1.6 subject to the further provision of these User Terms, a data message sent by you to us will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or a person who had authority to act on our behalf in respect of that data message; and
16.1.7 this agreement will be interpreted and implemented in accordance with the laws of the Republic of South Africa and you agree to the jurisdiction of the courts of the Republic of South Africa.
17. Interception and monitoring
You agree that your communications on this Web Site may be intercepted, as defined in the Regulation of Interception of Communications Act 70 of 2002 (as amended), by us or any other competent authority.
18. 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 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.