1. Introduction : These Terms of Use (incorporating our Privacy Policy) (“Terms”) govern your use of the services we offer from time to time, including an electronic courier optimisation system based on multi-courier integration (“Software”) that allows you (“Customer”, “you” or “your”) to have packages (“Packages”) delivered by third-party courier companies (“Couriers”) to selected destinations as well as providing real-time delivery tracking (“Services”).
2. About us: The Services are provided by Parcelninja (Pty) Ltd (“Parcelninja”, “we”, “our” or “us”).
3. Acceptance: These Terms constitute a legally binding agreement between you and Parcelninja. You agree to these Terms by registering, installing, accessing, or using our apps, Services, features, software, or website. You represent and warrant that you have the right, authority, and capacity to enter into these Terms. If you do not agree with all of the provisions of these Terms, you must not use our Services.
4. Account: You must register an account in order to use our Services. You must provide accurate information. You are responsible for keeping the Platform (defined below), your device and your account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services. You must also notify us of any changes to your account details.
5. Electronic Communications: You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages via the Platform or electronic devices. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
6. Licence: We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Services and the Platform, subject to your compliance with the Terms.
7. Use of the Platform: For the sake of clarity the “Platform” means the Software (including the dashboard), website, servers, application software or other electronic tools used to provide the Services (“Platform”) for requesting and tracking delivery services from third-party courier companies (“Courriers”). You will be required to provide certain devices, software, and data connections to use our Services, which we do not supply. In order to use our Services, you consent to manually or automatically download and install updates to our Services. You also consent to our sending you notifications via email or other electronic messaging from time to time, as necessary to provide our Services to you.
8. Use of our Services: You undertake to access and use our Services only for legal, authorised, and acceptable purposes. You undertake not to use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of us or anyone else, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications, such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) in any other way that is not specifically permitted by us in these Terms.
9. Courier Services: You agree and understand that we are merely a platform service provider that enables you to access multiple third party Courier service providers. The courier services are provided by third parties and we accept no responsibility for any loss, damage, expense, delay or any other harm (“Losses”) that you or the Packages may suffer in any manner whatsoever, including but not limited to partial or non-delivery of the Packages; any delay in the delivery of the Packages or incorrect Packages being delivered; the loss, theft or damage of the Packages; incorrect, incomplete, or delayed tracking information being supplied by the Courier; or any reputational damage suffered by you for any reason whatsoever.
10. Courier Terms: You understand that we are merely a Platform service provider and our Services merely enable you to request delivery services from Couriers directly. We are not responsible for the courier services and have no control over their performance in any manner whatsoever. You agree that your use of the Couriers is subject to their own terms and conditions. You undertake that you will comply with all Courier terms and conditions that are used in relation to the Services.
11. Orders:
- Any request for courier services (“Order”) must be placed using the Platform. Any order submitted in any other way will not form part of the Services.
- In order to place an Order you provide certain information, including the origin and destination of the Package, the size, weight and description and any other information indicated by the Platform from time to time. You must then select a Courier from the list of Couriers provided. You will be presented with quotes from each of the Courier companies and once you have selected and confirmed your Order you will be sent a waybill. The Courier will then collect and deliver the Package.
- Please note: the quotes provided are an estimate of the cost and delivery time only. These estimates are based on the accuracy of the information you have provided and may vary depending on any variations between the information you have provided and the actual Package. While Couriers make every effort to deliver within the time estimate provided, they cannot be held liable for any late deliveries and you will not be entitled a refund or reduction in costs should this occur.
- You hereby warrant and represent that all information you provide in relation to the Services is accurate and complete.
- Orders placed via the Platform will enable you to track and trace a Package on the dashboard provided. All information provided on the dashboard is subject to the accuracy and completeness of the information provided by the selected Courier. We thus do not warrant or represent that it is accurate or error free.
- We are not be liable for any losses, harm, damage or expense incurred as a result of a delay in delivery or inaccurate information provided on the dashboard.
- You will not tender for transportation or storage any dangerous goods, hazardous materials, illegal or illicit substances or products, or any live animals.
12. Shipping:
You must ensure that:
- the Packages are properly, adequately and appropriately prepared for shipping;
- the waybill is printed and provided to the Courier as required. It is recorded that should you not prepare the waybill correctly the Courier may refuse to deliver the Package or may charge an additional fee and you will be liable for the wasted/additional costs;
13. Shipping Charges: Shipping charges are raised by us per waybill in addition to the Courier charges. Should you use your own customer account with the relevant Courier then we will not charge a fee. The shipping charges must be paid upfront and in advance of a delivery. We accept no liability for such payment in any manner whatsoever. You fully indemnify and hold us harmless for any claims you or the Courier may have in this regard.
14. Subscription Charges: A monthly subscription fee is payable in order to use our Services and access the Platform. These fees will be communicated to you upon application for a license to use our Services. Should you fail to timeously make payment we reserve our right to immediately terminate your access to the Platform and the Services and shall not incur any liability to you in this regard.
15. Payments: In order to utilise the Services or place any Orders you will be required to pre-buy credits, which will be used to pay for the shipping charges, the subscription fees as well as all related costs (“Credits”). Once your Credits have run out you will be required to buy more Credits in order to make use of the Services and place an Order. The Credits will expire if not used within 3 years from the date of purchase. If your account is closed or these Terms are terminated for any reason the Credits will be returned to you (less any amounts owing). Credits may only be purchased via the Platform and no other payments will be accepted or honoured and we accept no liability for any Loss in this regard.
16. Returns: Any returns must be managed via the Platform and are subject to our returns policy as updated from time to time.
17. Risk Of Loss : The risk of loss for your packages shall at all times vest in you.
18. Insurance: We do not insure the Packages and provide no warranties or representations in this regard. It is you sole responsibility to insure your Packages or to ensure that the Courier carries sufficient insurance.
19. Marketing: You agree and understand that we and certain Couriers may send marketing material to you from time to time, including special offers and promotions. You hereby consent to receive these marketing materials.
20. Restrictions: Only you may access and use your account on the Platform. You may not permit anyone to use your account for any reason and may not access anyone else’s account. You may only register a single account at a time. You agree not to access or attempt to access any part of the Platform by any means other than through the interface provided by us. You may not intercept, monitor, damage or modify any communication of any user of the Platform for any reason whatsoever. You may not do anything that would compromise the security or integrity of the Platform. You will not engage in any activity that interferes with, or disrupts, the Platform or the servers and networks that host these. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform. Further, you may not decompile, disassemble or reverse engineer the Platform or any part thereof. You may not use or access the Platform or the Services in any way that, in our sole discretion, adversely affects the performance or function of the Platform, the Services or the Couriers or interferes with the ability of authorised parties to access the Platform, the Services or the Couriers. Any use of automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts or other mechanisms with similar functionality is expressly prohibited in relation to the Platform.
21. Content: You are solely responsible for your use of our Services and the content you provide. Content that constitutes hate speech or is otherwise immoral, offensive, defamatory, inflammatory, derogatory or illegal (in our sole and absolute discretion) will be removed from the Platform and we may suspend or terminate your use of the Services. We make no warranties or representations with respect to any content provided on the Platform, including any content provided by the Couriers or content provided by third party marketing activities. We accept no liability in any manner whatsoever in relation any content submitted to the Platform from time to time (including pricing and time-estimates) and you hereby (to the fullest extent possible) indemnify us , our directors, employees and affiliates from any and all claims (including threatened claims) made arising from or otherwise in relation to your use of our Services, the Platform or any such content.
22. Intellectual Property: All intellectual property rights (including copyright, moral rights, trade marks, patents or designs) in relation to the Services (“IP”) are owned by us (or are licensed to us) and are therefore protected by both South African and international intellectual property laws. Accordingly, any unauthorised use, copying, reproduction, re-transmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the IP or any part thereof will constitute an infringement of such IP rights.
23. Non-Compete: For the duration of this Agreement and for a period of 12 (twelve) calendar months following its termination you (including your directors, employees, subsidiaries, or related parties) shall not, directly or indirectly, in any manner whatsoever:
- Develop, or have developed, any software that is competes with Parcelninja or any software that is intended to replace the Platform in any manner whatsoever.
- be engaged in, interested in, or concerned with (whether financially, on a management level or otherwise) any business, undertaking or trade similar to that of the Parcelninja or a business, undertaking or trade offering a competing product or service to Parcelninja;
24. Non-Circumvention: You irrevocably agree that you shall not, whether directly or indirectly as an agent, principal, partner, shareholder, advisor, financier or in any other manner circumvent or attempt to circumvent this Agreement.
25. DISCLAIMER
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF THE PLATFORM OR THE SERVICES OR THE INFORMATION, CONTENT,
MATERIALS AND PRODUCTS INCLUDED THEREIN.
YOU EXPRESSLY AGREE THAT YOUR USE
OF THE PLATFORM AND THE SERVICES ARE AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, ‘COURIERABILITY’ AND FITNESS FOR A PARTICULAR PURPOSE. WE DO
NOT WARRANT THAT THE PLATFORM, THE SERVERS, OR E-MAILS SENT FROM US ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE IN ANY WAY FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR THE SERVICES IN ANY
MANNER WHATSOEVER, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES.
26. INDEMNITY AND LIMITATION OF LIABILITY
26.1 IN ADDITION TO ANY OTHER INDEMNITIES PROVIDED IN THESE TERMS, YOU HEREBY UNCONDITIONALLY AND IRREVOCABLY INDEMNIFY US, OUR AFFILIATED COMPANIES, OFFICERS, AGENTS, DIRECTORS AND EMPLOYEES AND AGREE TO HOLD US FREE FROM ALL LOSS, DAMAGES, CLAIMS AND/OR COSTS, OF WHATSOEVER NATURE SUFFERED OR INCURRED BY US OR INSTITUTED AGAINST US FOR ANY REASON WHATSOEVER, WHETHER THE CLAIM OR ACTION ARISES FROM DELICT OR CONTRACT, OR ANY INFRINGEMENT OF WHATSOEVER NATURE, ARISING OUT OF OR PURSUANT TO YOUR USE OF THE PLATFORM OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL LOSS, DAMAGES, CLAIMS AND/OR COSTS SUFFERED OR INCURRED BY US OR INSTITUTED AGAINST US AS A DIRECT OR INDIRECT RESULT OF YOUR USE OF THE PLATFORM OR SERVICES, AND SUCH INDEMNITY SHALL EXTEND TO THE REASONABLE COSTS THAT MAY BE INCURRED BY US IN DEFENDING ANY ACTION (OR THREATENED ACTION) AGAINST US.
26.2 YOUR USE OF THE PLATFORM AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE THEREOF. WE DO NOT ACCEPT LIABILITY THAT MAY ARISE IN CONNECTION THEREWITH.
26.3 IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES, OFFICERS, SERVICE PROVIDERS OR SUBSIDIARIES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR THE SERVICES OR THE TERMS AND CONDITIONS (HOWSOEVER ARISING, INCLUDING BUT NOT LIMITED TO NEGLIGENCE).
27. Parcelninja Privacy Policy
27.1 Introduction: By using our Services you undertake to provide us with certain personal information. This privacy policy (the “Privacy Policy”) sets out the information disclosed to us and how we will use it.
27.2 Personal information: We gather the following information about you: (i) Information you give us when you register an account and use the Platform, including your names, address, contact number, email address, location, mobile network provider, frequency of use of the Platform, amount of data used and related personal information (ii) messages that are sent on the Platform; (iii) information obtained via Cookies; (iv) use of third party payment services; (v) information obtained via the Platform, email, telephone call or other communications with you, including customer support communications; (vi) usage of the Services; (vii) your location information; and (viii) other information related to your use of the Platform and our Services.
27.3 Purpose: We use the information you provide us in order to:
● provide the Services to you;
● facilitate transactions between you and Couriers;
● communicate with you and provide you support services;
● commercial messaging;
● provide administrative services and customer service related purposes;
● send marketing and promotional content to you;
● promote the Services;
● improve, customise and optimise the Services and the Platform;
● enable us to conduct internal research and statistical analysis;
● monitor your use of the Platform in order to ensure compliance with the Terms;
● administer any customer loyalty benefits from time to time; and
● improve our understanding of the marketplace and how you use our Platform and Services.
27.4 Storage: We store your personal information securely on servers located in South Africa. We may also store your personal information in the United Kingdom, European Union, and/or the United States of America.
27.5 Consent: You hereby consent to our use and storage of your personal information for the purposes indicated above, including the cross-border transfer of your personal information.
27.6 Disclosure: We may disclose your personal information in the following circumstances -
● As provided for in these Terms;
● Where we have your explicit permission;
● As required in relation to court orders, subpoenas, or legal process, or enforceable governmental requests, or to establish or defend against legal claims, or exercise our legal rights;
● Where we believe it is necessary to access, use, preserve or disclose such information to detect, investigate, prevent, or address illegal activities, fraud, security or technical issues, or potential threats to the safety of any person, or violations of the Terms of use, or to protect rights, property, or safety of Parcelninja, the Platform or other users as required or permitted by law.
● We may provide information to our related companies or other trusted businesses or persons who work on behalf or with Parcelninja including our professional advisors, such as our lawyers or auditors. Where information is disclosed to our related companies, those related companies will use the information in compliance with our Privacy Policy.
● Parcelninja will take reasonable steps to ensure that its contracts with third parties include requirements for those third parties to comply with the requirements of the applicable South African privacy legislation.
We may also disclose aggregate, anonymous log file and usage information in reports to interested third parties to assist those parties in understanding the usage patterns and performance results of certain advertisements, content, services, promotions, or features, or to provide you a better user experience. For example, we may provide aggregate-level reports to an advertising partner for the purpose of showing delivery and performance statistics of a specific advertising campaign. Such information will be de-identified.
27.7 Security: We strive to ensure the security of personal information you provide to us by taking reasonable measures to prevent the destruction, unlawful access and loss of personal information. Any compromise of data integrity or confidentiality will be reported to you by via the Platform, email or SMS.
27.8 Your rights: You have the right to access, rectify, and erase your information, as well as the right to restrict and object to certain processing of your information. This includes the right to object to our processing of your information for direct marketing. You may exercise these rights by sending us an email at [INSERT EMAIL ADDRESS] . Please note that without certain information we are unable to offer you the Services and may thus terminate these Terms and your use of the Services in such an event and you will have no claim against us.
28. GENERAL (APPLICABLE TO THE TERMS AND PRIVACY POLICY)
28.1 Notice: Any notices you wish to send us must be via email to [INSERT EMAIL ADDRESS]. You agree that any notices (including documents and legal process) we send to you may be sent via the Platform, cell phone number (including SMS) or email . You also agree that electronic communications (including email, SMS and communication via the Platform) shall be considered to be “in writing”.
28.2 Termination: We may in our sole discretion terminate or suspend your account and/or restrict your access to the Platform and Services. If we do this, you may be prevented from accessing all or parts of the Platform, your account or other content contained therein. We will not be liable to you or any third party for doing so. You may terminate your account by giving 1 (one) month’s written notice to us.
28.3 Place and time of Agreement: These Terms shall be deemed to have been entered into in Johannesburg at the time of registration of your user account.
28.4 Jurisdiction and Choice of Law: These Terms will be exclusively governed by and construed in accordance with the laws of South Africa. You consent and submit to the non-exclusive jurisdiction of the High Court of South Africa Gauteng Local Division, Johannesburg in any dispute arising from or in connection with these Terms.
28.5 Severability: Notwithstanding that any provisions of these Terms be illegal or unenforceable, the remaining provisions of this agreement shall continue to be of full force and effect.
28.6 Whole Agreement: These Terms continue the entire agreement between us.
28.7 Own risk: Your use the Platform and the Services is at your own risk, and we make no warranties about it or anything contained in the Platform.
28.8 Indemnity: You indemnify and hold us harmless against any liability related to your use of the Website. Our total liability to you for any and all claims related to the Website and your use thereof is capped to a maximum amount of R 100. We will never be responsible for any indirect, special or consequential damages.
28.9 Cession and Assignment: Parcelninja shall be entitled to cede or assign any of its rights, or delegate any of its obligations in these Terms (or any part thereof) without prior notice or consent.
28.10 Changes: We may change these Terms from time to time. If we do, any changes will be effective immediately and we will take reasonable steps to let you know about any changes, either by a notice on the Website or by sending you an SMS, email or via the Platform. If you keep using the Services after a change, that means you accept the new terms.
28.11 Electronic Communications: When you visit the Platform or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically, which will allow us to communicate with you via e-mail or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any and all legal requirement that such communications be in writing.
28.12 Compliance with Laws: It is your sole responsibility to ensure that you comply with all applicable laws and regulations in relation to the Packages and the transportation thereof, including, if necessary any import/export taxes as well as South African Reserve Bank approvals.
28.13 Disclosures required in terms of section 43 of the Electronic Communications and Transactions Act 25 of 2002:
Full name: Parcelninja (Pty) Ltd
Physical address and address for receipt of service: Ashworth Logistics Park, Building C 18, Laneshaw Street, Linbro Park, Gauteng, 1609
Telephone no.: +27-87-943-4882
Website address: www.parcelninja.co.za
Email address: [email protected]
Registration number: 2007/024936/07
Country of incorporation: South Africa
Managing Director and Chief Executive Officer: Justin Drennan