1. INTRODUCTION AND DEFINITIONS
1.1 SFC Logistics (Pty) Ltd is a private company registered in terms of the laws of the Republic of South Africa, with registration number 2020/493508/07, with its registered address at Unit G30 & 31 Co Space, Cnr Brand And Swart Drive, President Park, Gauteng, 1685, (“SFC” or “We” or “Our”).
1.2 SFC carries on the business as a specialised fulfilment centre, providing warehousing, processing, delivery, collection, pick and pack and related services to its customers, (the “Services”). A further description and overview of SFC’s Services appears on their Website at https://sfclogistics.co.za/, (“the Website”). SFC may add additional services or categories of services at any time and these terms shall apply to those additional services offered by SFC from time to time.
1.3 “The Customer” means a person who uses SFC’s Services;
1.4 “Order” means a written request for Services by a Customer;
1.5 These terms and conditions of use of Our Website and Services, (“Terms”), will govern the provision of all Services as well as the use of the Website. Please read them carefully.
1.6 The Terms will be binding on every user of the Website and/or a Customer, (referred in these Terms as “User” or “You” or “Your”). Your placing of an Order (i) warrants that You have read and understood these Terms as well as any policies displayed on the Website (ii) indicates Your acceptance of these Terms and Your agreement to be bound by them, (iii) warrants and represents to SFC that You are legally entitled and authorised to request the Services and that all the details that You have provided are true and complete. If You disagree with these Terms, then You should not use the Website nor the Services and the Services may be refused.
2. CONSUMER PROTECTION ACT
2.1 These Terms may: (i) require the User to indemnify SFC, (ii) limit SFC’s risk or liability in respect of the use of the Website or use of the Services and create risks and liabilities for the Users. Accordingly, Users who are consumers, for the purposes of the Consumer Protection Act, 68 of 2008, (“CPA”), must be aware of these Terms as they are important and should be carefully considered. SFC hereby specifically draws the importance of these Terms to Your attention.
2.2 It is Your responsibility, before using the Website or Services, to request clarification of any of these Terms and conditions from SFC if You do not understand its meaning.
2.3 These Terms do not intend, in any way, to limit the provisions of the CPA.
3. ONLINE REGISTRATION
3.1 In order to use certain Services You shall be required to register on Our Website.
3.2 Registration and/or use of the SFC Website by You constitutes and confirms Your acceptance of these Terms, which Terms shall apply between SFC and Yourself, as set out above.
3.3 Registration on the Website is free and does not oblige You to use any Services.
3.4 Upon registration on the Website You may be required to select a unique username and password which will be encrypted and securely stored on our database. Users will be responsible for the safe storage of their usernames and passwords. SFC accepts no liability for any damages suffered or losses incurred as a result of the misuse or loss of Your password. In this regard You represent and warrant that Your username and password shall (i) be used only for personal reasons, and (ii) shall not be disclosed to any third party. A correct username and password shall be required to view or amend any online Services.
3.5 Should You suspect that Your account or Your password has been compromised You shall immediately inform SFC in order to mitigate any losses which may occur therefrom. You will remain liable for all acts, omissions and resulting harm and/or damage resulting from the unlawful or unauthorised use of Your account contemplated in this clause.
4. PRIVACY
4.1 Upon registering on the Website and in the course of placing Orders for Services or during the course of participating in any competitions conducted from time to time, it is anticipated that You will disclose private information to SFC, including but not limited to (i) Your name and surname or entity name, (ii) contact information, (iii) address, (iv) other personal particulars or business information.
4.2 In line with data protection legislation, SFC shall not use any of Your personal information otherwise than set out in its prevailing privacy policy.
5. ORDERS AND ACCEPTANCE OF SERVICE AND CHANGES THERETO
5.1 The Customer shall place all Orders for Services, from time to time, by way of a written Order which shall contain all of the relevant details required for SFC to, inter alia, (i) prepare a quotation, (ii) accept the Order subject to availability, (iii) provide the Services ordered.
5.2 After the receipt of an Order, SFC shall provide the Customer with a written quotation for the requested Services which shall be binding for a period of no more than 10 (ten) business days, following which it will lapse.
5.3 The Customer must confirm acceptance of the quotation in writing after which SFC shall, if it has all of the required information, confirm acceptance of the Order in writing, at which time a binding contract for Services shall arise subject to cancellation penalties.
5.4 SFC’s acceptance of an Order for Services depends on a number of factors including, but not limited to (i) availability of warehouse space (ii) capacity of the SFC’s staff given the Customer’s requirements, (iii) the correctness of the information relating to the requested Services, and (iv) receipt of payment for the Services where deposits or prepayments are requested.
5.5 SFC shall be entitled to reject requests for Services for the reasons listed above as well as for any other reason, in its own discretion.
5.6 Should SFC reject a request for Services it shall notify You of that rejection as soon as possible after the Order was placed. You will have no claim against SFC for any rejected Orders.
5.7 SFC shall be entitled to change the abovementioned Order process as it deems fit.
5.8 SFC will use its best endeavours to ensure availability of the Services, however resources are limited and availability of the Services from time to time cannot be guaranteed.
5.9 SFC reserves the right to withdraw and add Services to its offering at any time and without notice. SFC shall not be liable whatsoever in respect of any changes to its Services including the discontinuation of Services from time to time.
5.10 The only Services to be provided by SFC from time to time shall be those specifically contained in a written Order and confirmed by SFC in writing. The Order, scope of Services and details relating thereto may be amended by agreement between the parties. Any changes to an Order, which includes changes to any element within the Order, such as changes to the volume and size of goods to be stored, processed and delivered, packaging instructions, etc. may lead to increases in the Service charges, which shall be agreed between the parties prior to those changes being effected. SFC shall not be required to provide the Services, as amended, prior to agreement relating to the amended Service Charges. If no agreement is reached SFC shall be entitled to provide the Services as originally Ordered.
5.11 The Customer shall cooperate with SFC and provide it with such information and assistance, without delay, as SFC shall reasonably require enabling it to provide the Services.
6. THE PRICE AND PAYMENT
6.1 SFC operates primarily on a pre-paid basis. You will be required to pre-fund Your account in return for credits against which You can Order Services. SFC may refuse any Order until Your account has been adequately pre-funded. The pre-payment amount may be adjusted to account for any changes to the Order. SFC may authorise the delivery of post-paid Services, entirely in its own discretion.
6.2 The Service charges shall either be in line with SFC’s standard service charges listed on its standard pricing list, available on request and as amended from time to time without notice, or as quoted by SFC. All prices displayed on the standard pricing list or as quoted, are quoted in South African Rand (ZAR), exclude Value Added Tax, (“VAT”) at the rate of 15% (fifteen percent), unless otherwise specified, and are only applicable within in the Republic of South Africa.
6.3 Standard Service charges may be updated and subject to change without notice.
6.4 SFC shall issue invoices to the Customer, setting out the Service charges applicable in the relevant billing cycles.
6.5 Given the evolving business requirements, its client’s unique needs and the varying nature of the Services, SFC’s monthly billing cycle for the Services offered to You, will be communicated on a case by case basis. All Service charges shall be set off against Your pre-funded credits during the relevant billing cycle, for Services delivered and invoiced therein. In respect of post-paid Services, Service charges will be due by no later than at the end of the relevant billing cycle, for Services delivered therein.
6.6 SFC may amend its payment method and collect the Service Charges by way of monthly debit order in line with a debit order authorisation signed by the Customer. SFC may, in its sole discretion, approve other payment methods.
6.7 All services may be immediately suspended by SFC, without incurring any liability to the Customer whatsoever, commencing and for so long as any amounts, then due and payable, are outstanding, including pre-payments.
6.8. Where SFC has authorised post-paid Services, it reserves the right to request an upfront deposit prior to provision of the Services. The deposit amount may be adjusted to account for any changes to the Order. SFC shall not be obligated to proceed with an Order until the deposit, or any subsequent adjustment thereto, has been paid.
6.9 A certificate signed by a director of SFC as to the amount of the Customer’s indebtedness hereunder shall be prima facie evidence of the amount of indebtedness shown in that certificate and shall be binding on the Customer for all purposes including for use in any court proceedings.
6.10 If You dispute any invoice or other request for payment, You shall immediately notify SFC in writing. The parties shall negotiate in good faith to attempt to resolve the dispute promptly. SFC shall provide all such evidence as may be reasonably necessary to verify the disputed invoice or request for payment. Where only part of an invoice is disputed, the undisputed amount shall be paid on the due date as set out herein. If no notice of dispute has been received by You within 5 (five) days of the issue of an invoice, You will be deemed to have accepted and approved the invoice and shall be estopped from disputing same thereafter.
6.11 Payments received shall be first applied to interest, if any, and then to the oldest debt.
6.12 Notwithstanding anything else contained herein, You shall not be permitted to set-off any amount owing to You, against any of our Service charges. Service charges shall be due and payable to Us in full without any deduction except as permitted by Us in writing. This includes attempted set-off of any refunds, damages alleged or otherwise.
6.13 Unless otherwise prohibited in law, We reserve the right to convert any refunds due to You into credit which You can use to Order and pay for additional Services.
7. LIEN AND RIGHTS IN RESPECT OF GOODS IN OUR POSSESSION
7.1 We have the right to open and examine Your goods in our possession to comply with any security or health and safety requirements.
7.2 We will have a lien (right to keep possession) over any of Your goods in our possession and in respect of any refunds due to You, as security for the payment of any Service charges due to Us at any time.
7.3 Should we be required to exercise our lien, and withhold Your goods, We will be entitled to levy a reasonable storage fee for those goods and if, despite demand, You have failed to settle the amounts due within 30 (thirty) days, We will be entitled, without further notice to You: (i) to sell all or part of the goods, in the manner and at the price We deem reasonable; (ii) apply the proceeds to all amounts due to Us, including storage costs and the costs incurred in marketing and selling the goods, with any surplus being paid to You with 7 (seven) days of receipt of the sale proceeds.
7.4 We will not be liable to You for any loss (direct or consequential), damage, deterioration incurred as a result of exercising Our rights under this clause.
8. WAREHOUSING SERVICES
8.1 SFC has several warehousing facilities in different Provinces within the Republic of South Africa. The Customer shall be responsible for determining which warehousing facility shall be best suited to their logistical needs. SFC shall levy fees in respect of the transport of goods between facilities.
8.2 A written Order for warehousing Services shall contain written instructions relating to, inter alia (i) the geographical location of the facility, (ii) the expected duration for the storage, (iii) a description of the goods to be stored, (iv) the number of goods to be stored, (v) the size dimensions and weight of the goods, (vi) any special notes relating to the storage thereof such as temperature requirements or whether the contents are fragile, (vii) a declaration that the goods are not hazardous or flammable or otherwise harmful by their nature to humans (vii) any other pertinent information that SFC should be aware of.
8.3 The Customer shall be responsible to deliver the goods to be stored to the relevant warehouse facility at its own cost and at its own risk. Unless otherwise agreed, goods must be packaged in the correct packaging for storage and clearly marked so as to be identified as the Customer’s goods. SFC shall not be responsible to provide additional packaging.
8.4 The goods must be accompanied with a delivery note which SFC can check against the goods actually delivered. If no delivery note accompanies the goods, the goods actually received, and checked in by SFC, shall be deemed to be the goods sent by the Customer. SFC shall report any discrepancies between the delivery note and the goods actually received to the Customer within 24 hours of receipt.
8.5 Risk of the goods shall only pass to SFC once the goods are delivered and moved on to SFC’s premises.
8.6 Notwithstanding anything else contained herein, SFC shall, within 48 hours of delivery of the goods, conduct an inspection thereof and produce a warehouse receipt of the goods received, and record and report any damaged goods to the Customer which damages shall be deemed to have occurred prior to the receipt of the goods by SFC.
8.7 No goods may leave the warehousing facility without written authorisation from the Customer.
8.8 Warehousing Services shall always be offered subject to availability.
8.9 Storage fees may be charged according to SFC's standard pricing list and are subject to change from time to time. Goods stored for less than 15 (fifteen) days in a billing cycle shall be billed 50%(fifty percent) of the charge that would have applied for a full month. Goods stored for 15 (fifteen) days or more shall be billed for a full months’ storage fee.
8.10 As soon as the term of the warehousing Services expires, the Customer shall, at its own cost and risk, collect the goods from the warehouse unless the Customer has, by written arrangement with SFC, instructed SFC to deliver the goods to an agreed location.
8.11 Risk in respect of the damage or destruction or loss of the goods shall return to the Customer as soon as the Customer collects the goods or such are delivered to an agreed location, by arrangement between the Parties.
8.12 Should the Customer fail to collect the goods upon the expiry of the agreed warehousing term, SFC may continue to provide the Services on a month to month basis and continue to charge its prevailing warehousing fees or give the Customer notice of termination and that if the goods are not collected within 15 (fifteen) calendar days, the goods shall be sold by SFC, in line with the terms applicable to the Lien contained herein.
8.13 SFC shall not store any living goods, or goods which are highly flammable, hazardous, or by their nature pose significant health, safety or environmental risks.
8.14 Should the Customer require any goods to be made available for collection same shall be, unless otherwise agreed, subject to a 24-hour lead time and a handling fee.
9. PROCESSING
9.1 SFC provides processing services through which We prepare Your goods for delivery to approved marketplace warehouses. The processing Services include (i) barcoding of Customers’ goods in accordance with our internal rules and regulations and policies from time to time, (ii) adding protection / packaging to the goods, if requested, and (iii) packing Your goods safely in outer cartons in order to be delivered at Your pre-made booking slot.
9.2 A written Order for processing Services shall contain written instructions relating to, inter alia (i) instructions as to the barcoding of the goods, (ii) instructions as to any packaging or protective layering required, (iii) detailed instructions as to the external packaging, including the packaging material, design and other relevant specifications, (iv) any other pertinent processing instructions so as to ensure that the goods are properly prepared for delivery to the relevant marketplace warehouse.
9.3 SFC shall not be liable for any damages or harm caused as a result of the failure to provide the processing Services timeously, correctly or at all, where such failure or delay was as a result of incorrect or incomplete information provided to SFC.
9.4 Processing charges are either subject to pre-defined monthly volume-based packages or shall be calculated on an ad-hoc basis. In both cases the charges shall be quoted prior to the Order being confirmed.
10. DELIVERY SERVICES
10.1 SFC offers a delivery service whereby it (i) delivers Customer’s goods to approved marketplace warehouses, (ii) ensures that the goods are accepted and scanned into stock at the relevant warehouse, (iii) collects returns from the warehouses on the Customer’s behalf where requested, and (iv) delivers returns back to Your supplier for assessment or prepares them for You for collection from one of SFC’s warehouses.
10.2 Delivery costs are either subject to pre-defined monthly volume-based packages or shall be calculated on an ad-hoc basis. In both cases the charges shall be quoted prior to the Order being confirmed.
10.3 SFC shall make reasonable efforts to deliver the goods as soon as possible after Your Order has been placed, however the estimated delivery time shall be 5 (five) business days and the Customer shall take note of this lead time. SFC will not be liable for any loss or damage suffered by You through reasonable or unavoidable delays in delivery. In all cases, time for delivery shall not be of the essence.
10.4 SFC shall provide the Customer with a tracking number of the goods in transit.
10.5 Deliveries will be effected between Mondays and Fridays between 8am and 5pm only, unless otherwise agreed.
10.6 Delivery shall be deemed to have been properly effected or carried out if the goods are delivered to the relevant warehouse, at the ordinary receiving area during ordinary working hours from which time SFC no longer accepts any risk in respect of the goods, which risk shall exclusively pass to the Customer. SFC shall not be responsible for the failure to deliver goods, or late delivery thereof, as a result of being unable to access the delivery address, or failure to accept delivery, unless same is caused by SFC.
10.7 SFC shall take no responsibility for the actions of any marketplace warehouse staff including the short-scanning of goods into receiving.
10.8 You understand that we make use of a third-party courier/couriers who are not under Our direct control or supervision. In line with our limitation of liability terms, We will not be responsible or liable whatsoever, for any acts or omissions and consequent delays or damage to Your goods, caused by the courier. Should You wish for Your goods to be insured against damage or loss, We have a paid insurance option which You must specifically opt into and approve, either on our Website portal when placing online Orders, or in writing when placing Orders other than through Our portal. Failure to specifically select the insurance will render Your goods in transit entirely at Your own risk.
11. RETURNS
11.1 On Your instruction, We will attend to the collection of any of Your goods which were returned by consumers to the relevant market place.
11.2 Goods collected from the market place will be taken to Our warehouse, after which they must be forthwith collected by You, at Your cost and at Your risk.
11.3 We will be entitled to levy a warehousing fee, at Our standard rates, from the date that we communicate that the goods are ready for Your collection, until the date upon which You collect the goods.
11.4 These collection services shall be billed on a package-by-package basis or for a monthly pre-paid flat fee, for all collections, both at Our prevailing rates.
11.5 No goods shall be released to You or Your courier until the relevant collection and any warehousing fees have been paid.
12. WARRANTIES
12.1 SFC provides no warranties or guarantees, implied or otherwise, to the User, other than those in these Terms.
12.2 The User warrants that he/she is over the age of 18 (eighteen) years old and has full legal capacity to act.
12.3 The User warrants that he/she will not in any way use the Website to distribute material which is defamatory, offensive, amounts to hate speech or is otherwise unlawful.
13. LIMITATION OF LIABILITY
13.1 Notwithstanding any other provision of these Terms, neither SFC nor its officers, contracted employees, agents or directors, shall be liable to You or any other person for any actual and/or contingent losses, direct, indirect, special, incidental or consequential damages, including but not limited to loss of profits, harm to any property and/or personal injury claims, liabilities, costs or expenses of any nature whatsoever, which You or any other person may suffer or incur as a result of or in connection with the performance of the Services, except by reason of and to the extent of Our wilful misconduct or fraud.
13.2 Notwithstanding the above, the Customer and/or the User agree that, notwithstanding any other term herein, the maximum liability of SFC arising from the provision of the Services or use of the Portal or the Website shall be Service fees paid by the Customer to SFC over the 3 (three) months immediately preceding the event giving rise to the liability. SFC will at no time be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Website.
13.3 In addition, unless otherwise specified, SFC shall not be liable whatsoever for any circumstances beyond its reasonable control, such as the actions of third party providers, (such as couriers where an insurance product has been made available).
13.4 The User indemnifies and holds SFC harmless against any claim whatsoever made by a third party against SFC in respect of the use of the Services.
13.5 Subject to the terms herein, where goods have been damaged or destroyed and We have agreed to refund You, Your refund will be limited to any amount that we recover from Our insurer for those goods, should that loss be covered by insurance, and payment of such claim will not be due before Our insurer has paid us.
13.6 SFC shall not be liable for any damages or harm caused as a result of the failure to provide the Services timeously, correctly or at all, where such failure or delay occurred as a result of incorrect or incomplete information provided to SFC or the incorrect use of the portal or for any damages or harm caused by third parties or otherwise beyond its control.
14. INTELLECTUAL PROPERTY
14.1 All of the intellectual property relating to the Website and the content constitutes intellectual property to SFC and is owned by SFC, unless otherwise stipulated.
14.2 The Website is owned and operated by SFC. All items appearing on the Website are the sole property of SFC, unless otherwise stipulated. The content of the Website may be used only for the purpose of requesting the Services and using the portal. No items from the Website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without the express written permission of SFC. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
14.3 All intellectual property rights which form part of the Website are owned by SFC. Such rights are protected by both South African and international intellectual property laws. All data and information communicated to or from this Website as well as the database is the sole property of SFC.
14.4 Any use of materials on the Website other than for the purpose set out above is prohibited and constitutes an unlawful infringement of the intellectual property rights of SFC.
15. MULTIPLE ACCOUNTS
15.1 Should You, in terms of Your internal requirements, wish to open multiple accounts with Us, You will be required to complete another, shortened version of the schedule of particulars. Takealot will issue an additional seller ID for the account. For all intents and purposes each unique Takealot seller ID shall be deemed to be held by different legal persons, and the activity, rights and obligations on one account shall have no effect on the other account, despite being held by the same legal person. A dispute in respect of one account will not have any effect on the rights and obligations (such as the payment of Service charges) in respect of the other account. These Terms will apply separately to each account. Notwithstanding the above, any legal matters may be consolidated into one action should either Party seek relief in court.
16. AVAILABILITY OF THE WEBSITE
16.1 SFC will use its reasonable endeavours to maintain an acceptable level of uptime in respect of the Website, comparable to the industry standard, and to schedule routine maintenance during low traffic periods, which may be done without notice to the Users.
16.2 SFC shall not be liable for any interruption to the ordering and other services offered on its Website caused by scheduled or unscheduled downtime.
16.3 SFC shall be entitled to modify any information on the Website from time to time and without notice to the Users.
16.4 SFC may suspend any User’s registration and use of the Website for any reason including their breach of any of these Terms or cases of suspected fraud. SFC shall not be liable to any such User in respect of their inability to use the Website, it being agreed that the right of access to the Website is reserved.
17. COMPLAINTS
To report Service which did not meet Your expectations or to lodge any complaints kindly contact Us by email at info@sfclogistics.co.za.
18. PROPER LAW AND JURISDICTION
These Terms are subject to the law of the Republic of South Africa. The User consents to the jurisdiction of the Magistrate’s Court, with territorial jurisdiction, in respect of any action arising here from and notwithstanding the amount of that claim. Nothing prevents either party to bring action in another appropriate court or forum including a forum set out in the CPA.
19. FORCE MAJEURE
SFC shall be entitled to suspend access to the Website and cancel Orders (without liability) in the event that SFC’s performance is hindered or prevented by strikes or other trade disputes, riots, war (declared or undeclared), acts of civil insurrection, fire, flood, pandemic, (such as COVID-19), accident or other causes beyond the control of SFC preventing it from performing.
20. MISCELLANEOUS
20.1. If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining terms.
20.2. These Terms constitute the whole agreement between the parties relating to the subject matter hereof. Any indulgence of extension of time granted by SFC to You shall not be construed as a waiver or variation of any of our rights or remedies.
20.3 This website is governed by the laws of South Africa and SFC chooses info@sfclogistics.co.za, alternatively the address listed at the commencement of these Terms, as its domicilium citandi et executandi for all purposes under these Terms, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
21. PRIVACY POLICY
21.1. This privacy policy shall be in addition to any other duties of confidentiality that SFC shall have in law.
21.2. We respect Your privacy and will use our best endeavours to protect it, as set out herein below.
21.3. The purpose of this privacy policy is to set out how We collect, use, share and otherwise process Your personal information when You use the Website, register or use or request Services online, when You contact Us electronically or provide Your information pursuant to Services or a competition.
21.4. Should You decide to register as a User on the Website, We may require You to provide Us with personal information which includes but is not limited to –
21.4.1. Your name and surname or registered business details; 21.4.2. Your email address; 21.4.3. Your physical address; 21.4.4. Your mobile number; and 21.4.5. Your date of birth.
21.5. You have the right to object to the processing of Your personal information. It is voluntary to accept these terms and conditions. However, We require Your acceptance to enable You to use this Website and to provide You with access to certain online Services.
21.6. You have an obligation to notify us, as soon as reasonably possible, if any of Your personal information held by Us changed or is no longer valid to ensure our records are up to date. You can update Your personal information telephonically or per email.
21.7. You may choose to provide additional personal information to us, in which event You agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent Your affiliation with anyone or anything.
21.8. We will not, without Your express consent use Your personal information for any purpose, other than as set out below: 21.8.1 in relation to the provision of the Services; 21.8.2 to contact You regarding current or new services offered by Us or any of our divisions, affiliates and/or partners (unless You have opted out from receiving marketing material from us); 21.8.3 to inform You of new features, special offers and promotional competitions offered by Us or any of our divisions, affiliates and/or partners (unless You have opted out from receiving marketing material from us); and 21.8.4 to improve our service offering and Your experience on this Website by, for example, monitoring Your browsing habits, or tracking Your usage of the Website; or 21.8.5 disclose Your personal information to any third party other than as set out below: to our employees and/or third party service providers who assist Us to interact with You via the Website, by email or any other method, for the provision of the Services or when delivering goods to You, and thus need to know Your personal information in order to assist Us to communicate with You properly and efficiently; to our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with You via email or any other method for purposes of sending You marketing material regarding any current or new services, new features, special offers or promotional items offered by them (unless You have opted out from receiving marketing material from us); to law enforcement, government officials, fraud detection agencies or other third parties when We believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms; to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, these service providers may only use Your information in connection with the services they perform for Us and not for their own benefit; and to any third-party seller for purposes of sending You an invoice for any services rendered by such third-party seller, which disclosed information will be limited to Your email address; to any third-party service provider during the course of conducting any competitions for the purpose of collecting and storing Your entry information and selecting a winner only.
21.9 We are entitled to use or disclose Your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, We are entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
21.10 We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) with access to Your personal information are bound by appropriate and legally binding confidentiality obligations in relation to Your personal information.
21.11 If You share Your personal information with any third parties, We will not be responsible for any loss suffered by You.
21.12 You agree that We may transfer Your personal information outside of South Africa if You give Us an email address that is hosted outside South Africa. We will ensure that any country, company or person that We pass Your personal information to agrees to treat Your information with the same level of protection as We are obliged to.
21.13 Your privacy is important to Us and We will therefore not sell, rent or provide Your personal information to unauthorised third parties for their independent use, without Your consent.
21.14 When You provide a rating or review of our Services, You consent to us using that rating or review as We deem fit, including without limitation, on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is Your first name, as You would have provided upon registration. If You do not agree to this, please do not put any ratings or reviews on the Website. We will not display Your surname, nor any of Your contact details, with a rating or review.
21.15 We will - 21.15.1 treat Your personal information as strictly confidential, save where We are entitled to share it as set out in this policy; 21.15.2 take appropriate technical and organisational measures to ensure that Your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access; 21.15.3 provide You with access to Your personal information to view and/or update personal details; 21.15.4 promptly notify You if We become aware of any unauthorised use, disclosure or processing of Your personal information; 21.15.5 provide You with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and 21.15.6 upon Your request, promptly return or destroy any and all of Your personal information in our possession or control, save for that which We are legally obliged to retain.
21.16 We will not retain Your personal information longer than the period for which it was originally needed, unless We are required to do so by law, or You consent to us retaining such information for a longer period.
21.17 We undertake never to sell or make Your personal information available to any third- party, other than as provided for in this policy.
21.18 Whilst We will do all things reasonably necessary to protect Your rights of privacy, We cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of Your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
21.19 Kindly advise if You do not wish to receive any direct telephone marketing or to receive any direct electronic marketing from us. We will store Your personal information for the purpose to action this request and action it as soon as reasonably possible.
21.20 In the even that We become involved in a proposed or actual merger, acquisition or any form of sale of any assets, We have the right to share Your personal information with the third parties in connection with the transaction. In the case of a merger, acquisition or sale, the new entity will have access to Your personal information. The terms of this privacy policy will continue to apply.
21.21 We may amend this privacy policy at any time. We will give You notice of any material changes within a reasonable time, however, We recommend that You familiarise Yourself with this privacy policy regularly.
21.22 The latest and most recent version of this privacy policy will govern the respective rights and obligations between You and Us each time that You access and use the Website.
21.23 This privacy policy is governed by the laws of the Republic of South Africa, and You consent to the jurisdiction of the South African courts in respect of any dispute which may arise out of or in connection with the formation, interpretation, substance or application of this privacy policy.
21.24 Should You believe that We have used Your personal information contrary to this privacy policy, You must first attempt to resolve any concerns with us. If You are not satisfied after this process, You have the right to lodge a complaint with the Information Regulator (which address can be found herein below), under the Protection of Personal Information Act, No. 4 of 2013. The Information Regulator (South Africa) SALU Building 316 Thabo Sehume Street Pretoria 0004
22. COOKIES POLICY
22.1 The Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which We may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify You. If You do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows You to deny or accept the cookie feature. Please note that cookies may be necessary to provide You with certain features available on the Website, and thus if You disable the cookies on Your browser You may not be able to use those features, and Your access to our Website will therefore be limited.
22.2 If You do not disable “cookies”, You are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause.
22.3 To the extent that these Terms or the Website contains references to other websites, outside of SFC’s control, SFC is not responsible for the practices and policies, privacy, cookies and otherwise, of those third parties.
23. INFORMATION REQUIRED IN TERMS OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT NO 25 OF 2002 (“ECT ACT”)
23.1 For the purposes of the ECT Act, SFC’s information is as follows: 23.1.1 Full name: SFC Logistics (Pty) Ltd; 23.1.2 Registration number: 2020/493508/07; 23.1.3 Main business: specialised fulfilment centre, providing warehousing, processing, delivery, pick and pack and related services to its customers. 23.1.4 Office bearers: Selom Kwame Gavor 23.1.5 Phone number: 010 500 1712 23.1.6 Official email address: info@sfclogistics.co.za.
24. ARBITRATION
Where a dispute arises between the parties for which no remedy is contained in the Terms, such dispute may, by agreement between the parties, be resolved by way of arbitration to be held at the SFC offices, by an Arbitrator appointed by mutual agreement or, failing which, appointed by the chairperson of the Legal Practice Council and whose decision shall be final and binding on the parties.
25. BREACH
If any party breaches any material provision or term of these Terms (other than those which contain their own remedies or limit the remedies in the event of a breach thereof) and fails to remedy such breach within 7 (seven) days of receipt of written notice requiring it to do so (or within such further period as may be reasonable in the circumstances), then the aggrieved party shall be entitled, without notice, in addition to any other remedy available to it at law or these standard terms, including obtaining an interdict, to cancel the Order or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to the aggrieved party's right to claim damages.
26. NO AMENDMENT, WAIVER
No amendment or consensual cancellation of any provision or term of the Terms, or any document arising out of the standard terms, shall be effectual unless agreed upon and reduced to writing between the parties.
27. CHANGES TO THESE TERMS
These terms may be amended by SFC with notice to the Customer from time to time.
