Terms of Service     

TERMS AND CONDITIONS CONTRACT BETWEEN THE DELIVERY AGENT AND THE DISPATCH CARRIER

 

 

1.       Definitions

In these conditions, except where the context otherwise requires:

 

Contract:                  The Contract means the terms and conditions as agreed between the parties an contained hereinafter

 

Contract Data:       Specific data, which together with these General Conditions of Contract, collectively describe the risks, liabilities and obligations of the contracting Parties and the procedures for the administration of the contract.

 

Customer:                The customer of the supplier to which the delivery agent delivers goods through the dispatch carrier;

 

Delivery Agent      means BAGit Deliveries( Pty) Ltd and the proprietor and owner of the mobile Application. Any reference to BAGit has a corresponding meaning.

 

Dispatch Carrier    means the carrier which deliver the goods from the supplier to a customer instructed through the delivery agent by means of the BAGit electronic application and who is a party to this agreement.

 

Goods:                      The articles and things to be supplied by the supplier and that must be delivered to a customer by the delivery agent through the dispatch carrier in terms of this agreement;

 

A mobile application:      means a computer program or software application designed to run on a mobile device such as a phone, tablet, or watch. The reference to Application and app in this agreement has a corresponding meaning

 

Mobile App Agreement  means an agreement, license or terms of use associated with the use of this app provided mobile device-based application in connection with access to materials, Software and Customer Materials.

 

Parties:                      The Delivery agent and the dispatch carrier as referred to in the preamble;

 

Price:                         The price that is agreed between the supplier and the delivery agent for a delivery to be undertaken on behalf of the supplier

 

 

 

 

Supplier:               The party who engages the Delivery agent to deliver the Goods to a customer through BAGit Application by means of the dispatch carrier;

 

Term:                          The fixed terms agreed between the parties to this agreement

 

User                            The supplier which use the mobile app. In these terms and conditions, the reference to supplier has a corresponding meaning.


2.       Interpretation

2.1     Unless inconsistent with the context, an expression which denotes:

(a)      Any gender includes the other genders;

(b)      A natural person includes a juristic person and vice versa;

(c)       The singular includes the plural and vice versa.

 

2.2     The clause headings shall not limit, alter or affect the meaning of the Contract.

3.       General

3.1     Governing Law:   

 

Law governing the Contract shall be the law of the Republic of South Africa.

3.2     Language:           

 

The language of the contract and of all  communications between the parties shall be English.

3.3     Notices:

3.3.1  Any notice, request, consent, or other communication made between the Parties pursuant to the Contract shall be made through the application and WhatsApp on the telephone number as provided on the website https://bagitdeliveries.co.za/ be deemed to have been made when delivered in person to an authorized representative of the Party to whom the communication is addressed

3.3.2   If the sender requires evidence of receipt, he shall state such requirement in his communication and, wherever there is deadline for the receipt of the communication, he may demand evidence of receipt of his communication. In any event, the sender shall take all the necessary measures to ensure receipt of communications.

 

3.4     Confidentiality:    

 

Both parties shall keep all commercially sensitive information obtained by them in the context of the Contract confidential and shall not divulge it without the written approval of the other Party.

3.5     Sole agreement

3.5.1  The contract constitutes the sole agreement between the Parties for the provision of goods and services through the BAGit Application and no representation not contained therein shall be of any force or effect. No amendments will be of any force or effect unless reduced to writing and signed by both Parties.

3.5.2  No purported amendments to the terms and conditions of the Contract included in delivery notes shall be of any force or effect.

 

3.6     Indemnification  

3.6.1  The dispatch carrier shall indemnify the delivery agent against all actions, suits, claims, demands, costs, charges and expenses arising in connection therewith from the negligence, infringement of intellectual or legal rights or breach of statutory duty of the Supplier, in the executing the delivery services.

3.6.2   The dispatch carrier will as soon as possible and no later than 45 minutes after receipt of goods from a supplier deliver the goods to a customer.

 

3.6.3   In the event of any allegation that the goods provided by the supplier, are unsafe or defective, the delivery agent and/or the dispatch carrier will not be liable for any damage caused where such characteristic, neglect, defect or danger.

 

3.6.4   The dispatch carrier, further indemnifies the delivery agent from:

3.6.4.1         Any negligent and/or intentional act by the dispatch carrier, or his/her employees or contractors with reference to the goods or the use of the goods;

3.6.4.2           Any loss, damage (including consequential damage) or liability caused by or resulting from, without limitation, the use, transport or storage of the goods after delivery thereof to the customer;

3.6.4.3           Any loss, damage (including consequential damage), death of or injury to third parties resulting from the dispatch carrier’s neglect and/or the supplier’s neglect to take all reasonable and necessary steps to avoid the occurrence of such events

3.6.4.4         Any loss, and/or damages suffered as a result of the negligent driving and/or damages caused as a result thereof.

 

3.6.5  The dispatch agent renounces any claim for loss, damage or liability that he/she may have against the delivery agent resulting from, but not limited to, claims based on the fact that the goods are not suitable for the user’s/customers purposes.

 

3.7         Title and Risk 

3.7.1   The ownership in and to the goods shall at all times remain vested in the supplier and only pass to the customer upon delivery by the delivery agent and the risk of loss and damage shall at all relevant times vest in the supplier. The ownership of the goods shall not pass to the delivery carrier upon receipt thereof;

3.7.2   Risk of loss or damage to the goods shall remain with the supplier and pass to the customer upon delivery. the delivery agent shall take all reasonable precautions to ensure the safekeeping, safe storage and safe handling of the goods.

 

3.8     Force Majeure

No failure by either party to perform in accordance with any provision of this agreement shall constitute a breach of this agreement if the failure arose from force majeure, including acts of God, war, strike, sanctions or changes in law, regulations, ordinance or the like made by any competent authority, or other circumstances wholly outside the control of the parties.

 

4        Main Responsibilities of the Parties

4.1     The delivery agent shall, within a reasonable time, upon receipt of an instruction from a supplier to deliver goods to a customer, proceed to process the instruction through the application. The delivery agent will dispatch the dispatch carrier to deliver the goods from the supplier to the customer

4.2     Goods shall be delivered by the dispatch carrier, within 45 minutes or as soon as possible thereafter, to the customer at the nominated addresses of customers as provided by the supplier on the mobile application.

4.3     Delivery, unless otherwise agreed with the supplier shall be effected within 45 minutes after collection of the customer’s order from the supplier. Should the delivery agent and/or dispatch carrier have reason to suspect delays in delivery, the delivery agent shall advise the supplier upon receipt of an order of any anticipated delays citing reasons therefore and put forward a new anticipated delivery. The delivery agent may then extend the delivery time if and as it seems fit. Unless and until the supplier receives a notification of the new, extended delivery time, there shall be no extension to the time.

 

 

5.     Warranties

5.1       The delivery agent provides no warranties, whether emphatic or implicit, in respect of the goods, including but not limited to, any condition and/or guarantee, whether statutory, commonly or otherwise with regards to the quality or suitability for a specific purpose and/or saleability, except that the goods will be of good quality and free from defects.

5.2         The dispatch carrier indemnifies and holds harmless the delivery agent against all actions, legal proceedings, claims, costs and expenses in any manner caused by, incidental to, connected with or arising out of the use, on selling or handling of any of the goods to any third parties, which was acquired by the customer from the supplier in terms of this agreement.

5.3       The dispatch carrier warrants that he/she has complied with all statutory requirements and is in possession of the necessary permits, authorisations and other official documents that are required for the handling, purchase, storage, transport, treatment, use and/or disposal of the goods (if any).

 

6      Assignment and Subcontracting

6.1         The dispatch carrier may not assign or subcontract any part of this contract without the written consent of the delivery agent.

6.2         The delivery agent may assign or subcontract any part of this contract without the written consent of the supplier.

 

7      Termination

The delivery agent may terminate the contract at any time, without prejudice to any right of action or remedy which has accrued or thereafter accrues to the delivery agent, if the dispatch agent:

(a)       Defaults in due performance of the contract; or

(b)       Becomes insolvent or otherwise is, in the opinion of the delivery agent, in such financial circumstances as to prejudice the proper performance of the contract.

(c)         Breach any term of this agreement


8.       Price and Payment[IS1] 

8.1     Amounts due to the delivery agent, arising from deliveries made on behalf of the supplier shall be paid by the supplier upon demand or as otherwise agreed.

8.2     The supplier warrant that the information supplied regarding the debit and credit card is correct and that the holder of the said card has authorised the use thereof

8.3       That by completing the fields and by accepting the terms and conditions of the agreement, consent is furnished and authorization is furnished to BAGit to effect payment for services rendered

 

8.4      This authorization will remain in effect until cancelled.

 

8.5     The fee will be calculated by the application by calculating the distance between the pickup address and the delivery address

8.6     A service fee will be charged and will differ and be calculated on a customer specific basis

8.7     A pick up fee will be included in the delivery fee

8.8     The aforesaid calculation of the fees will be furnished to the customer/user upon an order being placed and the customer/user will upon electing to confirm the order agree to the said payment terms and amounts as provided in the calculation by the application.

                  

9.      Breach

If either party (“Defaulting Party”) commits a breach of any of its obligations in terms of this agreement and fails to remedy that breach within a period of 7 (seven) days of being called upon to do so in writing by the other party, then the other party may, at its option and without prejudice to any other rights which it may have at law:

9.1       Sue for specific performance of the defaulting party’s obligation under this agreement and any damages which it may have suffered as a result of that breach;

9.2       Sue for damages in lieu of specific performance; or

9.3       Cancel this agreement and claim damages if the breach is material and goes to the root of the agreement.

 

10      Resolution of Disputes

10.1   Settlement

10.1.1 The parties shall negotiate in good faith with a view to settling any dispute or claim arising out of or relating to the contract and may not initiate any further proceedings until either party has, by written notice to the other, declared that such negotiations have failed.

10.1.2 Any dispute or claim arising out of or relating to the contract which cannot be settled between the parties shall be referred by the parties in the first instance to either mediation or adjudication as provided for in the contract.

10.2   Mediation

10.2.1 If the contract does not provide for dispute resolution by adjudication, not earlier than ten working days after having advised the other party, in terms of Clause 10.1, that negotiations in regard to a dispute have failed, an aggrieved party may require that the dispute be referred, without legal representation, to mediation by a single mediator. The mediator shall be selected by agreement between the parties, or, failing such agreement, by the person named for this purpose in the contract data. The costs of the mediation shall be borne equally by the parties.

10.2.2 The mediator shall convene a hearing of the parties and may hold separate discussions with any party and shall assist the parties in reaching a mutually acceptable settlement of their differences through means of reconciliation, interpretation, clarification, suggestion and advice. The Parties shall record such agreement in writing and thereafter they shall be bound by such agreement.

10.2.3 The mediator is authorised to end the mediation process whenever in his opinion further efforts at mediation would not contribute to a resolution of the dispute between the parties.

10.2.4 If either party is dissatisfied with the opinion expressed by the mediator or should the mediation fail, then such party may require that the dispute be referred to arbitration or litigation in a competent civil court, as provided for in the contract data, within three calendar months of mediator’s decision being issued or the mediator declaring the mediation to have ended, as provided for in the contract data. Claims not brought within the time periods set out herein will be deemed to be waived.

10.3   Adjudication

10.3.1 If the contract does not provide for dispute resolution by mediation, an aggrieved party may refer the dispute to adjudication. Adjudication shall be in accordance with the latest edition of the separately published CIDB Adjudication Procedures.

10.3.2 The Adjudicator shall be any person agreed to by the parties or, failing such agreement, shall be nominated by the person named in the contract data. The Adjudicator shall be appointed in accordance with the Adjudicator’s Agreement contained in the CIDB Adjudication Procedure.

10.3.3 If a party is dissatisfied with the decision of the Adjudicator, the party may give the other party notice of dissatisfaction within 28 days of the receipt of that decision and refer the dispute to arbitration or litigation in a competent civil court as provided for in the contract data. If no notice of dissatisfaction is given within the specified time, the decision shall be final and binding on the parties.

10.4   Arbitration

10.4.1 Arbitration, where provided for in the contract data, shall be by a single arbitrator in accordance with the provisions of the Arbitration Act of 1965 as amended and shall be conducted in accordance with such procedure as may be agreed between the parties or, failing such agreement, in accordance with the Rules for the Conduct of Arbitrations published by the Association or Arbitrators current at the date the arbitrator is appointed.

10.4.2 The arbitrator shall be mutually agreed upon or, failing agreement, to be nominated by the person named in the contract data.

 


11.      General

11.1   The validity of this agreement, its interpretation, the respective rights and obligations of the parties and all other matters arising in any way out of it or its expiration or earlier termination for any reason shall be determined in accordance with the laws of South Africa.

11.2   This agreement contains the entire agreement between the parties in regard to the subject matter thereof. No party shall be bound by or have any claim or right of action arising from any express or implied term, undertaking, representation, warranty, promise or the like not included or recorded in this agreement whether it induced the contract and/or whether it was negligent or not.

11.3   No variation, amendment, or consensual cancellation of this agreement or any provision or term hereof shall be binding or have any force or effect unless reduced to writing and signed by or on behalf of the parties.

11.4   No extension of time or wavier or relaxation of any of the provisions or terms of this agreement (or any agreement or other document issued or executed pursuant to or in terms of this agreement) shall operate as an estoppel against any party in respect of any of its rights in terms of this agreement.

11.5   No failure by any party to enforce any provision of this agreement shall constitute a waiver of such provisions or affect in any way such party’s rights to require the performance of such provision at any time in the future, nor shall a waiver of a subsequent breach nullify the effectiveness of the provision itself.

11.6   Save as otherwise expressly provided in this agreement, none of the parties may cede or delegate (or otherwise transfer or alienate) their rights and/or obligations in terms of and/or arising from this agreement or any of its rights and obligations under it without the prior written consent of the others.

11.7   If any provision of this agreement, which is not material to its efficacy as a whole, is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and the parties shall endeavour in good faith to agree an alternative provision to the void, illegal or unenforceable provision.

11.8   Termination of this agreement for any cause shall not release a party from any liability which at the time of termination has already accrued to such party or which thereafter may accrue in respect of any act or omission prior to such termination. Similarly, the expiration or termination of this agreement shall not affect such of the provisions of this agreement as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.

11.9   This agreement shall be binding on and shall inure for the benefit of the successors and permitted assigns and personal representatives (as the case may be) of each of the parties.

11.10 All notices, demands and other oral or written communications given or made by or on behalf of any party to the other parties or any of them shall be in English or accompanied by a certified translation into English.

11.11 This agreement may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this agreement by signing any such counterpart.

 

12.     Cession

The dispatch carrier may not, except with the prior written consent of the delivery agent; cede or assign (give away) all or any of its rights and obligations of the under this agreement;

 

13.     Signature in Counterparts and Warranties by Signatories

13.1    This agreement may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument.  Any party may enter into this agreement by signing any such counterpart.

13.2   The signatory, who signs on behalf of the seller, personally warrants that:

13.2.1 The conclusion of this deed of sale by the seller is within the scope of its powers, objects and authority;

13.2.2 No impediments exist which preclude him/her from binding the seller, to the purchaser upon the terms and conditions of this deed;

 

14.     Non-Circumvention

14.1    Each party agrees undertakes that it will not take any steps aimed at avoiding or circumventing the provisions of this agreement.

14.2   Neither party will, whether directly, or indirectly as an agent, principal, partner, shareholder, advisor, financier or in any other manner, circumvent or attempt to circumvent this agreement.


15.     POPIA (Protection of Personal Information Act) AND DECLARATION

15.1      In this Agreement, unless inconsistent with or otherwise indicated by the context

15.1.1     “This Agreement” means the Agreement contained in this document;

 

15.1.2     “The Company/Service provider/Individual” means the dispatch carrier

 

15.1.3     “Confidential information” includes, but is not limited to:

 

15.1.3.1         Any information in respect of know-how, formulae, processes, systems, business methods, marketing methods, promotional plans, financial models, inventions, long-term plans and any other information of the client and the company in whatever form it may be;

 

15.1.3.2         All internal control systems of the client and the company;

 

15.1.3.3         Any credit information;

 

15.1.3.4         Details of the financial structure and any other financial, operational information of the client and the company; and

 

15.1.3.5         Any arrangements between the client and the company and others with whom they have business arrangements of whatsoever nature, all of which the client and the company regards as secret and confidential.

 

15.1.3.6         Any information of The Company/Service provider/Individual, which is to be used in litigation and/or the rendering of legal services and which is privileged information

 

15.1.4        “Personal information” means personal information as defined in the Protection of Personal Information Act adopted by the Republic of South Africa on 26 November 2013 and includes but is not limited to:

 

15.1.4.1         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;

 

15.1.4.2         Information relating to the education or the medical, financial, criminal or employment history of the person;

 

15.1.4.3         Any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;

 

15.1.4.4         The biometric information of the person;

 

15.1.4.5         The personal opinions, views or preferences of the person;

 

15.1.4.6         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;

 

15.1.4.7         The views or opinions of another individual about the person; and

 

15.1.4.8         The name of the person if it appears with other personal information   relating to the person or if the disclosure of the name

 

15.1.4.9         Itself would reveal information about the person.

 

15.1.5  “The effective date” means the date of signature of this Agreement’;

 

15.1.6  “The parties” means the parties as described hereinabove;

 

15.1.7  “Divulge” or “make use of” means to reveal, make known, disclose, divulge, make public, release, publicise, broadcast, communicate or correspond or any such other manners of divulging of any information.

 

15.1.8  ‘‘Processing’’ means any operation or activity or any set of operations, whether or not by automatic means, concerning personal or any information, including but not limited to:

(a)           the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;

 

(b)           dissemination by means of transmission, distribution or making available in any other form; or

 

(c)            merging, linking, as well as restriction, degradation, erasure or destruction of information.

 

15.1.9  POPI” means the Protection of Personal Information Act adopted by the Republic of South Africa on 26 November 2013 and as amended from time to time.

 

 

 

It is agreed that all parties agree that they will comply with POPI regulations and process all the information and/or personal data in respect of the services being rendered in accordance with the said regulation and only for the purpose of providing the Services set out in the agreement to provide services.

 

The company (also called the service provider), all the parties to this agreement, the service provider’s employees and the client’s employees and any subsequent party/parties to this agreement acknowledge and confirm that;

 

·                    One or more of the parties to this agreement, will possess and will continue to possess information that may be classified or maybe deemed as private, confidential or as personal information.

·                    Such information may be deemed as the private, confidential or as personal information in so far as it relates to any party to this agreement.

 

·                    Such information may also be deemed as or considered as private, confidential or as personal information of any third person who may be directly or indirectly associated with this agreement.

 

·                    Further it is acknowledged and agreed by all parties to this agreement, that such private, confidential or as personal information may have value and such information may or may not be in the public domain.

 

For purposes of rendering services on behalf of the client, the service provider and any party associated with this agreement and/or any subsequent or prior agreement that may have been/will be entered into, irrevocably agree that “confidential information” shall also include inter alia and shall mean inter alia:

 

(a)            All information of any party which may or may not be marked “confidential,” “restricted,” “proprietary” or with a similar designation;

 

(b)            Where applicable, any and all data and business information;

 

(c)            Where applicable the parties may have access to data and personal and business information regarding clients, employees, third parties and the like including personal information as defined in POPI regulation; and

 

(d)            Trade secrets, confidential knowledge, know-how, technical information, data or other proprietary information relating to the client/service provider, or any third party associated with this agreement and (including, without limitation, all products information, technical knowhow, software programs, computer processing systems and techniques employed or used by either party to this agreement and/or their affiliates.

 

By signature hereunder, all parties irrevocably agree to abide by the terms and conditions as set out in this agreement as well as you irrevocably agree and acknowledge that all information provided, whether personal or otherwise, may be used and processed by the service provider and such use may include placing such information in the public domain. Further it is specifically agreed that the service provider will use its best endeavors and take all reasonable precautions to ensure that any information provided, is only used for the purposes it has been provided.

 

It is agreed that such information may be placed in the public domain and by signature hereunder, all parties acknowledge that they have read all of the terms in this policy and that they understand and agree to be bound by the terms and conditions as set out in this agreement.

 

It is confirmed that by submitting information to the service provider, irrespective as to how such information is submitted, you consent to the collection, collation, processing, and storing of such information and the use and disclosure of such information in accordance with this policy.

 

SHOULD YOU NOT AGREE TO THE TERMS AND CONDITIONS AS SET OUT IN THIS AGREEMENT AND CONSENT DECLARATION YOU MUST NOTIFY THE SERVICE PROVIDER IMMEDIATELY FAILING WHICH IT WILL BE DEEMED THAT YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS SET OUT ABOVE

 

16.  General Application Conditions

16.1  This document sets out the terms and conditions (“Terms”) of  (“Service Provider”) pertaining to the access and use of the information, products, services and functions provided on www.bagitdeliveries.co.za (“Application”).

16.2  Should any person that accesses the Application you (“you” or “user”) disagree with any of the Terms, you must refrain from accessing the Application and/or using our services.

16.3  If you are under the age of 18, you must obtain your parents’ or legal guardians’ advance authorization, permission and consent to be bound by these Terms before purchasing any products or services.

16.4  Service Provider reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Application. Each time a user accesses the Application and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by Service Provider from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Application.

16.5  We will however give you prior notice where we have collected personal information from you and the purpose for which we collected that information, is affected by the intended amendment.

16.6  If there is anything in these Terms that you do not understand then please contact us as soon as possible – see clause below for contact details. Please note that calls to us are charged at national rates and may be monitored for training, security and quality assurance purposes.

 

16.7   Should a user wish to contact BAGit, contact should be made via WhatsApp and/or the telephone number as proved on the website being https://bagitdeliveries.co.za/


17.     Content of the Application

17.1  Service Provider reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Application and any information or content on the Application.

17.2  Service Provider reserves the right to change and amend the products, prices and rates quoted on this Application from time to time without notice. It is specifically stated that the pricing as contained in the application when proceeding with a transaction, may differ. The customer will be contacted to explain the price difference and the customer may elect to accept or not.

17.3  Service Provider may use the services of third parties to provide information on the Application. Service Provider has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that Service Provider and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.

17.4  Service Provider makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Application, including without limitation:

17.4.1  Service Provider does not warrant that the Application or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. Service Provider expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;

17.4.2  whilst Service Provider has taken reasonable measures to ensure the integrity of the Application and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Application are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and

17.4.3  Service Provider disclaims any responsibility for the verification of any claims. Information published on this Application may be done so in the format in which Service Provider receives it and statements from external parties are accepted as fact.

18.    Linked third party Applications and third-party content

18.1  Service Provider may provide links to third party Applications on the Application. These links are provided to the user for convenience purposes only and Service Provider does not endorse, nor does the inclusion of any link imply Service Provider’s endorsement of, such Applications, their owners, licensees or administrators or such Applications’ content or security practices and operations.

18.2  While Service Provider tries to provide links only to reputable Applications or online partners, Service Provider cannot accept responsibility or liability for the information provided on other Applications. Linked Applications or pages are not under, nor subject to, the control of Service Provider. Service Provider is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised Applications on the Application.

18.3  You agree that Service Provider shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked Application or any link(s) contained in a linked Application, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked Applications on the Application. Any dealings that you may have with any linked Applications, including advertisers, found on the Application, are solely between you and the third-party Application.

19.   Usage restrictions

The user hereby agrees that it shall not itself, nor through a third party:

19.1  copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Application for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;

19.2  decompile, disassemble or reverse engineer any portion of the Application;

19.3  write and/or develop any derivative of the Application or any other software program based on the Application;

19.4  modify or enhance the Application. In the event of a user effecting any modifications or enhancements to the Application in breach of this clause, such modifications and enhancements shall be the property of Service Provider;

19.5  without Service Provider’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Application by persons other than the user;

19.6  remove any identification, trademark, copyright or other notices from the Application;

19.7  post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Application, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, ob-scene, sexually explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or

19.8  notwithstanding anything contained to the contrary in these Terms, use the Application for any purpose other than personal, non-commercial and information purposes.

20.   Security

20.1  In order to ensure the security and reliable operation of the services to all Service Provider’s users, Service Provider hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.

20.2  You may not utilise the Application in any manner which may compromise the security of Service Provider’s networks or tamper with the Application in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Application, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Application, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should Service Provider suffer any damage or loss, civil damages shall be claimed by Service Provider against the user.

20.3  Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Service Provider and its affiliates, agents and/or partners.

21.   Intellectual Property Rights

21.1  For the purpose of this clause, the following words shall have the following meanings ascribed to them:

21.1.1  “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by Service Provider, now or in the future, including without limitation, Service Provider’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.

21.2  All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Application (“proprietary material”), are the property of, or are licensed to, Service Provider and as such are protected from infringement by local and international legislation and treaties.

21.3  By submitting reviews, comments and/or any other content (other than your personal information) to Service Provider for posting on the Application, you automatically grant Service Provider and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.

21.4  All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Application is granted to you.

21.5  Except with Service Provider’s express written permission, no proprietary material from this Application may be copied or retransmitted.

21.6  Irrespective of the existence of copyright, the user acknowledges that Service Provider is the proprietor of all material on the Application (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.

21.7  Service Provider authorises you only to view, copy, temporarily download to a local drive and to print the content of this Application, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.

22.   Risk, Limitation of Liability and Indemnity

22.1  The user’s use of this Application and the information contained on the Application is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.

22.2  The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall service provider be liable for any loss, harm, or damage suffered by the user as a result thereof. Service provider reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should service provider deem it necessary.

22.3  To the extent permissible by law:

22.3.1  Neither service provider, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the Application or any functionality thereof, or the information contained on the Application, or of any linked Application, even if service provider knows or should reasonably have known or is expressly advised thereof.

22.3.2  The liability of service provider for faulty execution of the Application as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the Application shall be limited to service provider rectifying the malfunction, within a reasonable time and free of charge, provided that service provider is notified immediately of the damage or faulty execution of the Application. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the Application without the prior written approval of service provider. However in no event shall service provider be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Application or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.

22.3.3  You hereby unconditionally and irrevocably indemnify service provider and agree to hold service provider free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by service provider or instituted against service provider as a direct or indirect result of:

22.3.3.1  your use of the Application;

22.3.3.2  software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of service provider;

22.3.3.3  your failure to comply with any of the terms or any other requirements which service provider may impose from time to time;

22.3.3.4  the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or

22.3.3.5  any unavailability of, or interruption in, the service which is beyond the control of service provider.

22.4  Service provider makes no warranty or representation as to the availability, accuracy or completeness of the content of the Application. You expressly waive and renounce all your rights of whatever nature that you may have against service provider for any LOSS suffered by you, as a result of information supplied by service provider being incorrect, incomplete or inaccurate.

23.   Service Provider - Privacy and Cookie Policy

23.1  This clause  provides details about our Privacy and Cookie Policy, which policy forms part of these terms. Service Provider takes your privacy seriously and is committed to protecting your personal information. We use the personal information that we collect from you in accordance with this Privacy and Cookie Policy.

23.2  Personal information when used in this policy means information that can identify you as an individual or is capable of identifying you. By personal information we don’t mean general, statistical, aggregated or anonymised information.

23.3  Your use of our services signifies your consent to us collecting and using your personal information as specified below.

23.4  How we collect information about you:

23.4.1 personal information such as your name, surname, email address and cell number are required when registering.

23.4.2 if you enter a competition or participate in a promotion, we may ask for your name, address and e-mail address and any other relevant information about you.

23.4.3 your physical address is required for delivery.

23.4.4 any other form of communication in which you provide your personal information.

23.5  How we use your information:

23.5.1 We may use your information to confirm that your orders have been received; to validate you as a customer when using our services and calling our help desk; to prevent and detect criminal activity, fraud and misuse of or damage to our services or networks; to prosecute those responsible and to contact you to invite you to form part of our consumer panel or various research groups, etc[IS2] .

23.6  How long do we keep your information for?

23.6.1 the time periods for which we keep your information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed[IS3] .

23.7  Disclosing your information to third parties:

23.7.1 we may provide aggregate statistics about our sales, customers, traffic patterns and other Application information to third parties, but these statistics will not include any information that could identify you[IS4] .

23.8  When and where do we use cookies?

23.8.1 we allocate cookies during the registration process for our services. These cookies will hold information collected during your registration and will allow us to recognise you as a customer and provide you with the services you require[IS5] .

23.9  How can you refuse or opt out of cookies?

23.9.1 most browsers are set by default to accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance and to prompt you every time a cookie is sent to you or to allow you to choose not to receive cookies at all[IS6] .

23.10  How can you manage your privacy preferences?

23.10.1 if you’d like us to stop processing your information for marketing purposes, please write to us at the address set out in clause 26 below[IS7] .

24.   Confidentiality

24.1  By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third-party information acquired in connection with any aspect of the products and/or services offered by Service Provider. You shall notify Service Provider should you discover any loss or unauthorised disclosure of the information.

24.2  Any information or material sent to Service Provider will be deemed not to be confidential, unless otherwise agreed in writing by the user and Service Provider.

25.   Compliance with Section 43(1) of Electronic Communications and Transactions Act (ECT Act)

In compliance with section 43(1) of the ECT Act, the following is noted:

25.1  Full name: BAGit (Pty) Ltd.

25.2  Registration number: 2020 / 050879 / 07

25.3  Physical address: 22 Wahlberg Eagle Street, Amberfield Crest. Centurion, 0149.

25.4  Fax number: N/A

25.5  Telephone number: 061 676 5134

25.6  Application address: https://bagitdeliveries.co.za/

25.7  E-mail address: info@bagitdeliveries.co.za

25.8  Names of office bearers: Ryan Buckley

25.9  Registered at: CIPC Pretoria

26.   Compliance with laws

You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to this Application.

27.   General clauses

27.1  These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.

27.2  This Application is controlled, operated and administered by Service Provider from its offices within the Republic of South Africa. Service Provider makes no representation that the content of the Application is appropriate or available for use outside of South Africa. Access to the Application from territories or countries where the content of the Application is illegal is prohibited. Users may not use this Application in violation of South African export laws and regulations. If the user accesses this Application from locations outside of South Africa, that user is responsible for compliance with all local laws.

27.3  Service Provider does not guarantee continuous, uninterrupted or secure access to our services, as operation of our application may be interfered with as a result of a number of factors which are outside of our control.

27.4  If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.

27.5  Service Provider’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.

27.6  You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of Service Provider.

27.7  No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.

27.8  The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.

27.9  Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.

27.10  These Terms set forth the entire understanding and agreement between Service Provider and you with respect to the subject matter hereof.