Shipping & Courier Policy

THE COURIER GUY (SOUTH AFRICA & INTERNATIONAL SHIPPING)

TERMS AND CONDITIONS OF TRADE TERMS AND CONDITIONS OF TRADE

IMPORTANT PROVISIONS:

To the extent that the Consumer Protection Act, 2008 applies, TCG has a duty to point out certain important provisions in these conditions to the Sender. The clauses which contain these important provisions and reasons why they are important are set out below. It is very important that the Sender reads all these clauses carefully and not just what is stated below.

A. Limitations of risk, legal responsibilities and liability. Clauses 2.1, 3, 4, 6, 7, 8, 9, 10, 11, 12, 14, 15, 19 and 25 are important because they limit and exclude obligations, liabilities and legal responsibilities that TCG and other persons or entities may otherwise have to the Sender. As a result of these clauses, the Sender’s rights and remedies against TCG and these other persons and entities are limited and excluded. These clauses also limit and exclude the Sender’s right to recover or make claims for losses, damages, liability or harm the Sender or others may suffer.

B. Assumptions of risk, legal responsibilities and liability by the Sender. Clauses 2.1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 15 and 25 are important because the Sender takes on risk, legal responsibilities and liability. As a result of these clauses, the Sender may also be responsible for claims and other amounts. The Sender will also be responsible for, and the Sender accepts, various risks, damages, harms, and injuries which may be suffered by the Sender and others for what is stated in these clauses.

C. Acknowledgements of fact by the Sender. Clauses 5 and 9 are important because they each contain statements which are acknowledgements of fact by the Sender. The Sender will not be able to deny that the statements are true. TCG may act against the Sender and may have claims against the Sender as a result of these statements.

D. Indemnitees by the Sender. Clauses 9 and 12 requires the Sender to indemnify (hold harmless) TCG and other persons or entities against claims, loss, damages, and harm that that may be suffered by TCG and other persons or entities as a result of the events set out in these clauses. The Sender is also required to indemnify TCG and other persons and entities against claims for loss, damages, and harm that that may be made by any person or entity as a result of the events set out in these clauses. This places various risks, liabilities, obligations and legal responsibilities on the Sender and the Sender will be responsible and liable for the payment of the value of the claims, loss, damages, and harm that that may be suffered or claimed.

1. INTERPRETATION AND DEFINITIONS

1.1. “Conditions” means these Conditions of Carriage as set out in this document and published in printed form and electronically at www.thecourierguy.co.za, www.xoc.co.za and www.thecourierbutler.com, as amended from time to time;

1.2. “Courier”/” The Courier Guy” (TCG) means the person and/or corporate entity specified on the face of the invoice;

1.3. “Goods” means the items accepted by TCG for carriage on behalf of the Sender under these Conditions;

1.4. “Owner’s Risk” means, to the maximum extent permitted by law, that the TCG is not be liable for any loss of or damage to any Goods, howsoever arising, except if the loss or damage is caused by the Courier intentionally;

1.5. “Recipient” means the person identified by the Sender to whom the Goods are to be delivered under these Conditions;

1.6. “Services” means all of the operations and services provided or to be provided by the Courier in connection with the carriage of the Goods including without limitation, the carriage, transport and/or storage of the Goods or any operation/s or service/s incidental to any of them;

1.7. “Sender”/” Customer” means the person for whom the carriage of the Goods is performed by the Courier under these Conditions;

1.8. “Sub-Contractor” means includes any person who under a contract or arrangement with any other person (whether the Courier or not) performs or agrees to perform the Services or any part of the services;

1.9. Words denoting, the singular include the plural and vice versa; any gender include the other genders, and persons include corporations and bodies politic and include their legal personal representatives and assigns.

2. CONDITIONS OF CARRIAGE

2.1. TCG shall not be a public or common carrier in relation to the carriage of goods forming the subject of these Conditions and any Goods carried are accepted subject to these Conditions.

2.2. These Conditions supersede all previous published terms and conditions. These Conditions supplement and detail the general terms and conditions on the back of TCG waybills and other publications. In case of conflict between these Conditions and the conditions on any TCG waybill, manifest, shipping label or other transit documentation, these Conditions will prevail to the maximum extent permitted by law.

2.3. TCG may, at any time, modify, amend, change or supplement these Conditions by issuing a new version on the TCG website, and these revised Conditions will apply with effect to all Services provided by TCG following the publication of the revised Conditions.

2.4. All business undertaken including guidance, information or Services provided by TCG shall be subject to these Conditions.

2.5. To the maximum extent permitted by law, the Sender confirms that it does not rely upon or claim any other terms, warranties, conditions or representations relating to the use of the Services under these Conditions.

2.6. The Sender will be bound by the signature of any of its employees, servants and agents on TCG Waybill.

2.7. Goods are accepted subject to the conditions stipulated by all other carriers, sub-contractors, handlers and any other parties into whose possession or custody they may pass to finalize and deliver goods that come into their possession.

2.8 TCG shall have the right to bill the Customer, after bookings made, for Services rendered, irrespective whether TCG could collect or deliver the parcel, unless such non-collection and / or non-delivery is due to any act of TCG or any Force Majeure event.

3. OPERATIONAL PROCEDURES

TCG reserves the right to transport the goods received from any Customer and/or the Sender by any means at its disposal and may use any carrier to perform its duties. All goods that require forwarding to facilitate delivery may be held at TCG’s discretion and the Customer and/or the Sender’s cost until suitable delivery arrangements can be arranged. TCG is entitled to use independent parties to perform any of the functions required for completion of its duties. TCG shall have no responsibility or liability to the Customer and/or the Sender for any act, or omission of such third party even though TCG may be responsible for the payment for such third parties’ charges. TCG however reserves the right to, at its sole election, take action on behalf of the Customer and/or the Sender should the independent carrier fail to carry out its duties suitably. The costs associated with taking such action would be for the account of the Customer and/or the Sender and are payable on demand. Delivery timeframes that may be provided by TCG to the Sender do not include day of collection.

4. TIMEOUS INSTRUCTIONS

The Customer shall be obliged to give any instructions to TCG timeously and in writing in order to afford TCG a reasonable opportunity to comply with such instructions, but TCG shall be entitled, but not obliged, to act on oral instructions alone. If there is a conflict between any oral or written instructions or between the various written instructions themselves, or in the absence of instructions, TCG shall determine the course to be adopted, in its sole discretion, having regard to the Customers known requirements, if any, and if not, it is recorded that Overnight Service shall be the default service selected. Notwithstanding that TCG may purport or attempt to act on any instructions, no liability shall attach to TCG for failure, whether negligent or otherwise, to perform such instructions. TCG shall be entitled to recover its charges and/or expenses including those incurred acting in terms hereof.

5. TARIFFS AND QUOTATIONS

All quotations, rates, tariffs and surcharges are subject to withdrawal or revision by TCG at any time prior to their acceptance by a Customer. Where a quotation to a Customer includes a fee levied by a third party, the Customer will be liable for any change in that third party fee. Charges are calculated on the basis of either actual or volumetric mass, and for purposes of rating, the greater of the two calculations is deemed to be the chargeable mass for the purposes of measuring the volume, mass and/or dimensions of any package. The measurements as calculated by the dimension’s machinery and/or company representative will be deemed to be proof of the volume, mass and/or dimensions of the package so measured and the Customer must object to any such measurements prior to accepting a quotation (if applicable). Only written quotations provided by TCG will be valid. Once a Customer has instructed TCG to provide Services that are the subject of a quotation, the Customer will be deemed to have accepted that quotation and TCG will be entitled to rely on that acceptance by the Customer.

6. COLLECTION OF GOODS

If any Goods have not been accepted or collected by the Recipient and/or its nominee within a reasonable time after notification by TCG that the Goods are available for collection or delivery (as the case may be), TCG shall notify the Customer at its legal address (domicilium citandi et executandi) and, after the expiration of ten (10) days from the posting to that address of such written notice and unless the Customer shall give TCG instructions to redeliver the goods, at the Customer’s expense, TCG shall be entitled and authorised irrevocably and in re suam, to sell or dispose of the goods and retain from the proceeds the charges, expenses and costs incurred in the carriage thereof, with any additional amounts arising from that sale to be refunded to the Customer.

7. TCG’S LIEN AND OTHER RIGHTS IN TERMS OF GOODS IN TCG’S POSSESSION

7.1. TCG and /or its nominee reserve the right to open and examine any goods at any time;

7.2. TCG shall have a lien and shall be entitled to hold any goods, documents and/or any refunds, claims or recoveries in its possession or under its control as security for any monies owing to TCG by the Customer, whether past or present, for the carriage of any Goods subject to these terms and conditions of carriage;

7.3. Although TCG may initially have granted a trading limit to the Customer, TCG may at any time, at its sole discretion, retain possession of any goods pending the discharge of the Customer’s indebtedness to TCG;

7.4. In the event that TCG exercises its lien and retains possession of any goods as reflected herein above, then TCG shall be entitled to store the goods at such place as it deems fit, at the Customer’s expense;

7.5. If any monies owing to TCG are not paid by the Customer within 30 (thirty) days after they are due, TCG shall be entitled, without further notice to the Customer:

7.5.1. to open and examine the goods;
7.5.2. to sell the whole or any part of the goods in such manner and on such conditions as it deems fit;
7.5.3. to apply the proceeds of any sale, after deducting all expenses thereof, in payment or reduction of any amount due by the Customer to TCG (including storage costs envisaged in clause 7.3. here above, provided that any surplus shall be paid over to the Customer without interest immediately after the sale, if the Customer’s address is known, and if not, upon demand made by the Customer within 90 (ninety) days of the sale. 7.6. TCG shall not be liable for any loss, damage or deterioration of any such Goods attributable to the implementation of this clause by TCG; 7.7. TCG’s rights under this clause are not exhaustive and are in addition to any other rights which it may have against the Customer; 7.8. If it is necessary for an examination to be conducted by TCG in respect of any discrepancy in the goods which are landed from any vessel, aircraft, vehicle or container, the responsibility to comply with any regulations, laws and/or obligations pertaining to the goods remains that of the Customer and/or the Sender, notwithstanding the contractual relationship between TCG and Customer and/or the Sender.

8. PACKAGING AND DELIVERY PARAMETERS

8.1. TCG does not accept or courier packages which exceed the size limitation being 1m x 1m x 1m and the weight limitation being, 50kgs; 8.2. TCG shall not be liable for any loss, damage or deterioration of any goods and as such we emphasize that it is the sole responsibility of the Customer / Sender to:

8.2.1. Package goods for transportation and ensure that all goods are adequately packaged to withstand the ordinary incidents of transit risk and normal rigours of road transportation. TCG may supply a container to the Sender wherein which to place the goods;
8.2.2. Adequately and clearly address each consignment to enable effective delivery thereof.

9. DELIVERY OF GOODS

The onus of establishing the condition of the Goods at the time of delivery thereof by TCG shall rest with the Customer and/or the Sender. Without limiting the generality of the aforegoing, TCG shall be entitled to delay the dispatch of any Goods or expedite the date of dispatch if TCG, in its sole discretion, consider it necessary for the safety of the Goods and/or any other reason. TCG will only deliver Goods that are the property of the Customer and/or the Sender, and the Customer and/or the Sender warrants that it (1) is the owner of the Goods; and (ii) is authorised to accept these conditions not only on behalf of itself, but also as agent for and on behalf of all other persons who are or may become interested in the Goods. The Customer and/or the Sender hereby indemnify and hold TCG harmless from and against any damages, costs and expenses resulting from any breach of these warranties.

10. COMPANY LIABILITY

10.1. To the maximum extent permitted by law, TCG and its employees are not liable for any loss or damage to the Goods. Subject to the further provisions of these Conditions, TCG may consider whether it wishes to reimburse a Customer in limited circumstances, provided that the Customer lodges a claim in writing within 48 hours after delivery of the Goods to the Recipient (see INSURANCE AND ASSUMPTION OF LIABILITY below). Any claims received by TCG after this time period will not be considered. Notwithstanding the above and to the maximum extent permitted by law:

10.1.1. TCG‘s liability shall not exceed R1,000 (ONE THOUSAND RAND) per consignment of Goods;
10.1.2. TCG shall not be liable for indirect or consequential loss or damage to any consignment of goods;
10.1.3. TCG shall not be liable whatsoever for any loss or damages howsoever arising in respect of late or non- delivery of any goods.;
10.1.4. TCG shall not be liable for any loss or damage whatsoever caused by the perishable, fragile or brittle nature of the goods and packaging; and
10.1.5. TCG shall not be liable for loss or damage to any parcel exceeding the prescribed size or weight limitations being 1mx1mx1m, and 50kgs.

11. LOSS OR DAMAGE TO GOODS

11.1. Notwithstanding anything to the contrary contained or implied in this clause 11 (eleven), No assumption of liability by TCG is extended to the following, which includes, but is not limited to: second hand consignments, mechanical or electrical goods unless contained in brand new and original packaging. Antiques or antiquities of any description, arms, ammunition, live animals of any description, bank and treasury notes, bullion, bulk cargo of any description, cash, deeds, designs, documents, explosives, or products, furs, gold or any bullion, silver nuggets, models, moulds, patterns, plans, precious metals, specie, travellers cheques, brass and scrap metal, any illegal substances, drugs, cannabis, seafood, fresh produce, frozen goods, aircrafts, any goods placed in a flyer, where the flyer would, in the ordinary, not be sufficient packaging for the consignment, plants and/or edibles, irrespective of its packaging, breakable, scratchable, brittle, bendable goods, such as glass (including windshields and windows), ceramic and/or basins, be it shatterproof or reinforced, or plastic, such as Perspex, goods of a liquid nature (drums, tubs and/or containers), jewels (of any nature) / valuables / precious stones / pearls / gold / silver and the like, goods with a value exceeding the limited liability offered by TCG (TCG will not accept any liability for any goods excluded from TCG’s liability), cosmetic material (of any nature), goods made/manufactured/produced from any form of wood (irrespective of the size and/or strength of the wood), furniture of any kind, any solar related goods, or goods utilising solar panels in any way form and/or nature, goods relating to a generator or inverter, goods which have running liquids or operates with liquids (whilst the liquids are inside the consignment), any form of batteries, goods relating to motor vehicles (including, but not limited to: body panels, windows, windshields, mechanisms, electrical components and/or mechanical components, engine spares), trophies, medallions, refrigerated and/or frozen goods (due to the longevity of its life span), blinds and/or railings (due their brittle and breakable nature), laser cut and/or 3d products (electronic in nature and guarantees are with the supplier), Ink Toners and/or Cartridges, unless TCG agrees in writing prior to the goods being tendered to accept liability for the handling of the items listed in this clause;

11.2. To the maximum extent permitted by law, TCG is not liable for any consequential losses, including as a result of its negligent (including gross negligence) acts or omissions or those of its servants, agents, or agents on whose behalf TCG, would be liable, in respect of any loss or damage sustained by the Customer and/or the Sender of any nature whatsoever or any damage caused to the assets of the Customer and/or the Sender or assets kept on its premises by any third parties or in regard to the Customer and/or the Sender’s business or sustained by any of its customers, howsoever caused including the negligent, grossly negligent, and acts or omissions of TCG, its services, agents or others for who it may be liable to in law.

11.3. If TCG is for any reason unable to effect delivery of the goods, reasonable steps would be taken to return the goods to the Customer and/or the Sender. The Customer and/or the Sender shall be responsible for the costs of carriage, attempted delivery and return of the goods.

12. DANGEROUS GOODS

12.1. No goods will be received or accepted by TCG including radioactive materials which are or may become dangerous, inflammable or noxious, or which by their nature are or may become liable to cause injury or damage to any person, goods or property whatsoever without TCG’s consent in writing prior to the goods being tendered. Should TCG consent to the movement of any of the above, the containers or packaging must be marked accordingly as to comply with the applicable legislation, regulations or requirements of any authority. TCG reserves the right to destroy any of the above should the necessary consent not be confirmed in writing prior to the goods being tendered. Whether or not the Customer and/or the Sender was aware of the nature of the goods and whether or not TCG’s written acceptance thereof was obtained, the Customer and/or the Sender hereby indemnify and hold TCG harmless from and against loss, damage or liability caused by TCG as a result of the delivery or receipt of the Goods. TCG shall not transport any prohibited goods including without limitation any goods and materials, the carriage of which is prohibited by any laws, rules and/or regulations. In the event that the Customer and/or the Sender consigns such items with TCG, the Customer and the Sender indemnify and hold TCG harmless from and against all claims, damages or losses arising in connection herewith and TCG shall have the right to deal with such items as it shall see fit including the right to abandon carriage of the same immediately upon TCG having knowledge that such items infringe on these conditions. The Customer and the Sender shall each be responsible and liable, without limitations for all costs, fines, damages, loss of income and/or legal costs which TCG may incur as a result of the Customer and/or the Sender’s breach of this clause;

12.2. Under No circumstances will TCG accept liability for goods of this nature (as set out above) and customer and/or sender must provide written proof that the goods in question are comprehensively insured with a reputable insurer for the duration of the carriage of the goods prior to the goods being taken into TCG’S care, custody and control.

13. INSURANCE AND ASSUMPTION OF LIABILITY

TCG does not provide insurance to the Customer and does not grant an assumption of limited liability whatsoever. It is thus the Customer’s responsibility to insure the parcel with their own reputable insurance company.

14. WARSAW CONVENTION

When shipments are tendered for international destinations the provisions of and law to the Warsaw Convention may apply and, in most cases, further limits the liability of TCG in respect of loss or damage to such consignments.

15. LEGAL

In cases where non-payments of monies due to TCG occur, the Customer and/or the Sender shall be liable for and shall pay all legal costs incurred by TCG. The Customer and/or the Sender shall be liable for all costs incurred in the recovery of any monies hereunder, including collection commission, attorney and own client costs, whether incurred prior or during the institution of legal proceedings, or, if Judgment has been granted, in connection with the satisfaction or enforcement of such Judgment.

16. GENERAL

No Relaxation or indulgence of these conditions of carriage shall in any way prejudice TCG’s rights nor shall they be deemed to be a waiver of any of TCG’s rights in terms of these conditions and no variation, waiver, indulgence and/or relaxation of such conditions shall be binding upon TCG.

17. DOMICILIUM CITANDI ET EXECUTANDI

The Customer and/or the Sender appoints their address as set out under “Details of Customer” in the Trading Account Application as his domicilium citandi et executandi for all purposes relating to his agreement and may amend this in writing to TCG within seven (7) working days of the change.

18. JURISDICTION OF MAGISTRATES COURT

Without limiting from the Customer’s rights under applicable laws, the Customer and/or Sender hereby consents in terms of Section 45 of Act 32 of 1944 or any amendment thereof to TCG taking legal proceedings for enforcing any of its rights under this Agreement for recovery or monies claimable under this Agreement or otherwise, if it so elects, in the Magistrates Court in any district having jurisdiction in respect of TCG by virtue of section 28(i) of the aforesaid Act. Furthermore, TCG shall be entitled, at its sole election, to institute any proceedings against the Customer and/or the Sender in any Magistrates Court having jurisdiction over it, even though the cause of action or amount claimed is beyond the jurisdiction of the court. This clause does not preclude TCG from, at its sole discretion and election, instituting action in the High Court and the Customer and/or the Sender also consents to the jurisdiction of the High Court in the jurisdiction elected by TCG.

19. COSTS

The Customer and/or the Sender shall be liable for all costs incurred by TCG in the recovery of any amount or the enforcements of any rights which it has hereunder, including collection charges and costs on an attorney and own client scale and cost of counsels as on brief whether incurred prior to or during the institution of legal proceedings or if Judgment has been granted in connection with the satisfaction or enforcement of such Judgments.

20. SEVERABILITY

In the event that any term and/or condition, or part thereof, herein are proven to be invalid or unenforceable, then such term and/or condition, or part thereof, shall not affect the validity or enforceability insofar as the remaining terms and/or conditions, or part thereof, are concerned.

21. WHOLE AGREEMENT

21.1. These terms and conditions (which by inference includes those agreements and conventions expressly referred to herein) constitute the entire agreement between the parties and shall prevail over, exclude and supersede any other terms or conditions, stipulations, warranties, statements of fact or opinion or representations, oral or written, whatsoever have been made or relied upon by either party other than as specifically included herein.

21.2. The Sender expressly confirms that it does not rely upon or claim any other terms, warranties, conditions or representations relating to the use of TCG’s services under these terms and conditions.

22. COMPLIANCE WITH APPLICABLE LAWS

No provision of these Conditions:

22.1. does or purports to limit or exempt TCG from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by TCG) to the extent that the law does not allow such a limitation or exemption;

22.2. requires the Customer or Sender to assume risk or liability to the extent that the law does not allow for such assumption of risk or liability;

22.3. limits or excludes any warranties or obligations that are implied into these Conditions by the Consumer Protection Act, 2008 (to the extent applicable) or which TCG gives under the Consumer Protection Act, 2008 (to the extent applicable) to the extent that the law does not allow them to be limited to excluded.

23. NO VARIATION

No variation of these terms and conditions shall be of any force or effect unless reduced to writing and signed by or on behalf of both parties.

24. NO WAIVER

TCG shall not be regarded as having waived or be precluded from exercising any right under these terms and conditions by reason merely that TCG has shown any indulgence to the Customer or fails to exercise or delays in exercising any right in terms hereof.

25. CONDITION OF PAYMENT – TRADING LIMIT

The Company’s terms of payment are thirty (30) days from date of statement and may be tendered either by cash or electronic transfer. The Customer is only entitled to trade up to the trading limit authorised and once the trading limit is used and / or reached, payment must be made, in accordance with the used or total amount utilised. The Company shall be entitled to charge the Customer and/or Sender warehousing charges in respect of any period during which the goods are stored after tender of delivery up to and including the time of payment of all monies owing to the Company by the Customer and/or Sender. If any amounts owing by the Customer and/or Sender is unpaid on due date, then all other amounts owing by the Customer and/or Sender to the Company whether due and payable or not, shall become due and payable forthwith, and the Company shall be entitled but not obliged (and without prejudice to any of TCG’s other rights against the Customer and/or Sender) by notice in writing to the Customer and/or Sender to rescind or suspend performance of any of its obligations under this agreement and all discounts will be forfeited. The Company shall be entitled to payment of any charges, disbursements or any amounts due to it, notwithstanding that the parties may have a dispute with certain or other invoices or debit notes, whether including or partly including amounts now sought to be charged, and whether or not any notice was given that further debits were to follow. A certificate signed by any Director of the Company shall be prima facie proof of any amount owing to the Company, and if the Customer does not query any invoice sent by the Company in writing within fifteen (15) days from the date of the invoice, such invoice will be deemed correct unless the Customer can provide evidence to the contrary.

26. FORCE MAJEURE

Neither Party (the “Impacted Party”) shall not be liable or responsible to the other Party, nor be deemed to have defaulted under or breached these Terms and Conditions, for any failure or delay in fulfilling or performing any service when and to the extent such failure or delay is caused by or results from acts beyond the Impacted Party control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”) (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labour stoppages or slowdowns or other industrial disturbances; (i) epidemic, pandemic or similar influenza or bacterial infection (j) emergency state; (k) shortage of adequate medical supplies and equipment; (l) shortage of power or transportation facilities; and (m) hijackings, or (n) other similar events beyond the reasonable control of the Impacted Party.

27. PROTECTION OF PERSONAL INFORMATION

The Customer consents to TCG processing personal information and to the confidentiality declaration in terms of the Protection of Personal Information Act.

27.1. THE PURPOSE OF THE PROTECTION OF PERSONAL INFORMATION ACT (POPIA)

The purpose of POPIA is to:

* give effect to the constitutional right to privacy by safeguarding personal information when processed by a private or public body subject to justifiable limitations;
* regulate the manner in which personal information may be processed, by establishing conditions, in accordance with international standards, that prescribe the minimum requirements for the lawful processing of personal information;
* provide persons with rights and remedies to protect their personal information from processing that is not in accordance with POPIA;
* establish voluntary and compulsory measures, including the establishment of an Information Regulator, to ensure respect for and to promote, enforce and fulfil the rights protected by POPIA.

27.2. DEFINITIONS

27.2.1 Personal Information: means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to— a) information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person; b) information relating to the education or the medical, financial, criminal or employment history of the person; c) any identifying number, symbol, e-mail address, physical address, telephone number, location d) information, online identifier or other particular assignment to the person; e) the biometric information of the person; f) the personal opinions, views or preferences of the person; g) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; h) the views or opinions of another individual about the person; and i) the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.

27.2.2 “Process information” means the automated or manual activity of collecting, recording, organising, storing, updating, distributing and removing or deleting of personal information.

27.3. CUSTOMER CONSENT

27.3.1 TCG undertakes to process the personal information of the Customer only in accordance with the conditions of lawful processing as set out in terms of POPIA and only to the extent that it is necessary to discharge its obligations as provided for in terms of this Agreement concluded with the Customer.

27.3.2 The Customer acknowledges that the processing of his/her personal information by TCG is both necessary and legally required as it falls within the scope of execution of the contractual obligations of TCG. In this regard the Customer agrees:

That he/she has been notified of the purpose and reasons for the collection and processing of his or her personal information insofar as it relates to TCG’s discharge of its contractual obligations towards the Customer;
That he/she consents and authorises TCG to undertake with the collection, processing and further processing of his/her personal information for the purposes of securing and further facilitating the contractual obligations towards the Customer;
To make available to TCG all necessary personal information required by TCG for the purpose of securing and further facilitating the contractual obligations towards the Customer.
To the disclosure of his/her personal information by TCG to any third party, where TCG has a legal or contractual duty to disclose such personal information or such disclosure is necessary for TCG to perform its obligations under these Conditions;
The Customer further agrees to the disclosure of his/her personal information for any reason enabling TCG to carry out or to comply with any legitimate business obligation TCG may have or to pursue a legitimate interest of TCG to perform its business on a day-to-day basis;
The Customer authorises TCG to transfer his/her personal information outside of South Africa for any legitimate business purpose of TCG within the international community. TCG undertakes not to transfer or disclose said personal information unless it is required for its legitimate business requirements and shall comply strictly with legislative stipulations in this regard.

27.4. CONFIDENTIALITY UNDERTAKING

27.4.1 Both the Customer and TCG acknowledges that during the performance of both parties’ contractual duties, both parties may gain access to and become acquainted with the personal information of both parties. Both parties will treat said personal information as strictly confidential and agrees to respect the privacy of each other;

27.4.2 To the extent that the Customer is exposed to or insofar as personal information is disclosed to him/her, the Customer hereby agrees to be bound by appropriate and legally binding confidentiality and non-usage obligations in relation to the said personal information, taking into consideration the POPIA;

27.4.3 Both the Customer and TCG may not directly or indirectly utilise, disclose or make public, in any manner to any person or third party, any personal information, unless such information is already publicly known, or the disclosure is necessary in order for any party to perform his / her / its duties in terms of this Agreement;

27.4.4 The above confidentiality undertaking will be applicable even after termination of this Agreement, for whatever reason. Any non-compliance with the confidentiality undertaking will be subject to the required penalties in terms of the POPIA.

27.5. CUSTOMER RIGHTS

The Customer / Sender have rights under POPIA, which includes the right to:

27.5.1 request access to their personal information (commonly known as a “data subject access request”), thereby enabling them to receive a copy of the personal information retained about them;

27.5.2 request the correction of their personal information, in order to ensure that any incomplete or inaccurate personal information is corrected.

27.5.3 request erasure of their personal information, where there is no lawful basis for the retention or continued processing of it.

27.5.4 object to the processing of their personal information for legitimate interest (or those of a third party) and there is something about your particular situation which makes them want to object to processing on this ground as they feel it impacts on their fundamental rights and freedoms.

27.5.5 request restriction of processing of your personal information. This enables the Customer / Sender to ask TCG to suspend the processing of their personal information in limited circumstances, which may differ by jurisdiction.

27.5.6 withdraw consent previously given in respect of the processing of their personal information at any time which withdrawal of consent will not affect the lawfulness of any processing carried out prior to your notice of withdrawal. Withdrawal of consent may limit the ability of TCG or a third party to provide certain products or services to you, but will not affect the continued processing of personal information in instances in which consent is not required.

If the Customer / Sender wishes to exercise any of these rights, the Customer / Sender must contact TCG at support@thecourierguy.co.za

27.6. INFORMATION REGULATOR CONTACT DETAILS

27.6.1 TCG would appreciate the opportunity to remedy any concerns or issues, but the Customer/Sender is also free to contact the Information Regulator (South Africa) at https://inforegulator.org.za/training/wp/contact-us/

28 ASSIGNMENT

28.1 The Courier Guy (Pty) Ltd reserves the right to cede, assign, or transfer any rights and/or obligations arising from this agreement to any third party, at its sole discretion, without prior notice to the Customer (provided such cession, assignment or transfer does not unreasonably prejudice the rights or interests of the Customer). The Customer irrevocably and unconditionally consents to any such cession, assignment or transfer by The Courier Guy (Pty) Ltd and agrees that TCG is entitled to cede and /or delegate any of its rights and /or obligations under these Terms and Conditions to any person without the consent of or notice to the Customer.

28.2 The Customer acknowledges and agrees that they shall not cede, assign, or transfer any rights and/or obligations under this agreement to any third party without the prior written consent of The Courier Guy (Pty) Ltd. Any attempt to do so without such consent shall be null and void.

28.3 This clause shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, and legal representatives.

29. AGREEMENT I agree that these Terms and Conditions of Carriage are fair, just and reasonable taking into account the services which are provided by TCG.