Terms & Conditions
- In these Terms and Conditions:
- headings to clauses are for reference purposes only and shall not be used in the interpretation of these Terms and Conditions;
- an expression which denotes any gender includes the other gender, a natural person includes an artificial person and vice versa and the singular includes the plural and vice versa.
- The following expressions shall bear the meanings assigned to them below and cognate expressions shall bear corresponding meanings:
- “App” means the uAfrica Shipping and Multichannel App;
- “Courier/s” means the Courier/s and their agents, servants or nominees with whom uAfrica have contracted for purposes of performing the Courier Services and/or whom you have chosen to perform the Courier Services;
- “Courier Services” means the carriage of the Goods;
- “Goods” means any items and/or products of whatsoever nature sold on and/or purchased from an Online Store with whom uAfrica has integrated and/or any item and/or product otherwise handled, transported or dealt with by the Courier/s or which comes under the control of the Courier/s on your instructions and includes any container, package, or any other form of covering, packaging, container or equipment used in connection with or in relation to the Goods;
- “Losses” means any losses, damages, claims, expenses, penalties, fines, or liabilities of any nature whatsoever and howsoever arising;
- “Online Store” means Shopify, Bidorbuy, WooCommerce, PriceCheck or and any other online store with whom uAfrica may integrate from time to time;
- “Personal Information” means information applicable to a specific natural or juristic person capable of identifying said natural or juristic person including, without limitation, identity numbers, physical addresses, contact details, credit card information and any confidential information pertaining to a specific natural or juristic person as more fully described in the Protection of Personal Information Act, 4 of 2013 (“POPIA”);
- “Plan” means the uAfrica Subscriber plans as detailed on the Pricing page of the Website;
- “Services” means:
- he offering of a multichannel solution allowing Subscribers to sell their goods on multiple Online Stores; and/or
- uAfrica’s offering to Subscribers of access to multiple Couriers from a single platform; and/or
- such other services as may be provided by uAfrica from time to time.
- “Site” or “Website” means the internet website by which uAfrica offers the Services;
- “Store/s” means the Online Stores and/or any other means by which the Goods are sold and/or purchased or platforms on which the Goods are sold and/or purchased, whether online or otherwise;
- “Subscriber” means the uAfrica subscriber and/or seller of the Goods, as the case may be;
- “Terms and Conditions” means these terms and conditions;
- “uAfrica” / “we” means uAfrica Technologies (Pty) Ltd with Registration Number 2006/039100/07;
- “you” or “your” means you, as the Subscriber.
2. uAfrica Services
- The Services shall at all times be subject to these Terms and Conditions.
- In the event of a conflict between these Terms and Conditions and:
- any other terms and conditions in relation to the Services elsewhere contained;
- the terms and conditions of any Courier;
- the terms and conditions of any Store; or
- the terms and conditions of any policy of insurance;
these Terms and Conditions shall prevail to the extent of such conflict.
- uAfrica reserves the right to, at any time, change or modify these Terms and Conditions, or any part thereof, or to impose new terms and conditions relating to the Services. Any such changes, modifications, additions and deletions shall be effective immediately upon notice thereof, notice of which may be given on the Website or by email. Your continual use of the Services thereafter shall be deemed to constitute your acceptance of the changes, modifications, additions or deletions to these Terms and Conditions.
3. Service Level Agreement
Upon the creation of an account on the uAfrica platform, the user agrees to the Terms & Conditions of the company. The creation of this account, and subsequently, the agreement of the Terms & Conditions, forms an unwritten contract between uAfrica Technologies (Pty) Ltd and the user of the account. This unwritten contract substitutes a quintessential Service Level Agreement, due to the unusual nature of the company’s business model.
In accordance with our Terms & Conditions, “The uAfrica Site is merely a platform aimed at providing Subscribers with access to multiple Courier Services. The Courier Services are performed by the Courier/s and not by uAfrica”. Service Level Agreement parameters are thus dependent on the Terms & Conditions of each individual courier partner, which can be accessed here.
4. uAfrica Account
- In order for you to make use of the Services, you will be required to create an online account and in doing so shall be required to, without limitation:
- provide uAfrica with Personal Information including, but not limited to, your business name, email address, phone number and such other information as may be required by uAfrica from time to time;
- confirm your agreement with these Terms and Conditions;
- subscribe to a Plan; and
- where required by uAfrica to facilitate the integration of your Store with uAfrica, download the App.
- The Services provided under each Plan shall vary from Plan to Plan. In the event that you wish to change your Plan for any reason whatsoever, you may do so by upgrading or downgrading your Plan at any time. However, there may be a cost implication depending on when you upgrade or downgrade your Plan in any given month (see clause 6 below).
- You acknowledge that it is your responsibility to ensure that your account information remains confidential and to maintain the security of your password.
- You will also be responsible for all activities occurring under your account and you agree to notify uAfrica immediately of any unauthorised use of or breach of security in relation to your account.
- In the event that there are any discrepancies in relation to any charges to your account, you shall be required to provide uAfrica with all information pertaining to these discrepancies in order for uAfrica to review such information and liaise with the relevant Courier in relation to these discrepancies. You acknowledge that it shall not be uAfrica’s responsibility to review all transactions on your account with a view to locating any potential or actual discrepancies.
- You hereby agree and acknowledge that uAfrica may, in its sole and absolute discretion, suspend or terminate your account if:
- you are suspected of having or have in any way engaged in any fraudulent or other criminal activity or untoward conduct;
- you have failed to make payment of any fees and/or charges due to uAfrica in relation to the Services and/or the Courier Services;
- you conduct yourself in a manner which, in uAfrica’s sole and absolute discretion, adversely affects uAfrica’s employees, reputation and/or business in any manner whatsoever; and
- you fail to adhere to these Terms and Conditions in any respect whatsoever.
- Should you wish to cancel your subscription:
- you may either log into your account and cancel your subscription; or
- you may request that uAfrica cancel your subscription on your behalf but in this instance, you will be required to provide uAfrica with 30 (thirty) calendar days’ notice of cancellation by email to email@example.com.
- Please note that uninstalling or deleting the App does not result in a cancellation of your subscription. Therefore, in the absence of you logging into your account and cancelling your subscription or written notification of cancellation to uAfrica in accordance with clauses 4.7.1 or 4.7.2 above, your subscription will remain active and you will continue to be liable for all charges in relation thereto.
- uAfrica offers all new accounts their first shipment free up to the value of R100.00 (ex VAT). Users will be liable for the fees if the shipment is more than R100.00 (ex VAT). Even though this promotion is offered to all new accounts, uAfrica has the right to suspend accounts and return shipped parcels if misuse of this promotion is detected.
- uAfrica offers a shipping discount on the Bronze, Silver and Gold plan. This shipping discount is applied to the Standard uAfrica Shipping Rates, which are the rates charged on the Blue plan – calculated at the discretion of uAfrica management and based on the rates charged by uAfrica’s courier partners. The shipping discount is not applied to the rates on the Shipping Only plan or on a Custom Courier Account
- uAfrica platform support is provided by the uAfrica support team through the uAfrica telephone line (+27 12 940 1060) and support email address (firstname.lastname@example.org) only. uAfrica employees may not assist any customers with support queries unless they are assigned a ticket number or come through on the uAfrica telephone line. Thus, support will not be provided on social media platforms (including, but not limited to Facebook, Instagram, Twitter, LinkedIn and WhatsApp), personal telephone numbers or email. uAfrica employees reserve the right to deny assistance and refer the customer to the official support communication channels.
- uAfrica offers two different methods of charging customers during checkout – Real-Time Rates and Fixed Rates (known as uAfrica Shipping Rates). This feature is available on all uAfrica pricing plans.
- By using uAfrica Shipping Rates, you acknowledge that you have read and understood what uAfrica Shipping Rates are and how the process operates.
- Shipping Rates on uAfrica are only supported on Shopify and bidorbuy.
- It shall be your responsibility to ensure that:
- The Shopify “Third-Party Carrier-Calculated Shipping Rates functionality” is activated on your Shopify store in order for Shipping Rates to be retrieved from uAfrica during checkout.
- The Shipping Rates are configured correctly and according to your specifications.
- The rates, whether they are Fixed Rates or Real-Time Rates, are accurate and reflect your configuration upon checkout on your online store.
- By using uAfrica Shipping Rates, you agree that uAfrica cannot be held liable for the variation in pricing between what the customer pays during checkout and what the courier will charge you to ship the parcel. This variation could be due to a number of factors, including, but not limited to:
- The input of incorrect postal codes by the customer during checkout;
- Configuration errors made by the merchant during set-up;
- An alteration in the sender address (from the default sender address to another address) during fulfillment
- Product weights being incorrectly configured on the online store, causing uAfrica to make use of the configured fallback weight.
- By using uAfrica Shipping Rates, you agree that uAfrica cannot be held liable for any loss of sale due to technical or configuration issues that fail to produce shipping costs during checkout and thus, hinders a customer from completing the order process.
5. Courier Services
- The uAfrica Site is merely a platform aimed at providing Subscribers with access to multiple Courier Services. The Courier Services are performed by the Courier/s and not by uAfrica.
- In this regard, you acknowledge that the performance of the Courier Services is subject to the terms and conditions of the Courier performing the Courier Services, a link to which can be found on the Website. You hereby undertake to familiarise yourself with the terms and conditions of the Courier chosen by you to perform the Courier Services and undertake to comply with the terms thereof.
- Orders placed on Online Stores are automatically imported into uAfrica in real time and the waybill and tracing information updated on the Online Store. All information for Courier Services in relation to Goods not ordered on an Online Store, must be manually uploaded to uAfrica’s systems.
- You hereby warrant that all information provided by you for the purposes of the completion of the waybill and carriage of the Goods is accurate. You also acknowledge that the tracking information provided by uAfrica is the tracking information as received from the Courier performing the Courier Services.
- It may so happen that there is a delay in the order information being imported into uAfrica, the order information not being imported into uAfrica at all or the information being incorrectly uploaded to uAfrica’s systems resulting in delayed and/or missed orders. Whilst this does not occur often and we endeavour to ensure that it does not, you agree that uAfrica shall not be liable for any Losses incurred as a result of there being a delay in order information being imported into uAfrica, order information not being imported into uAfrica at all or information being incorrectly uploaded to uAfrica’s systems.
- It shall be your responsibility to ensure that:
- the Goods are properly, adequately and appropriately prepared for shipping;
- the uAfrica waybill is printed and provided to the Courier with the Goods, both in the required number (four waybills per parcel) and in the required format, for purposes of delivery. uAfrica specifically reserves the right to charge an administration fee in the event that the Courier is provided with any waybill other than a uAfrica waybill or not provided with the required number of uAfrica waybills, for any reason whatsoever. In the event that a manual waybill is used to ship a parcel, uAfrica will take no liability in assisting clients with support to track the waybill, ensure successful delivery or assist with billing related queries. uAfrica also has the right to cancel a user’s account or deny them access to the uAfrica platform if they state that they are unable or unwilling to print the uAfrica waybill;
- that you keep one signed copy of the waybill / manifest when the driver comes and collects the parcel as proof of collection. This document will be required in order to assist with any delivery queries or disputes as proof of handover; and
- that if you have a parcel that will not fit into the standard courier vehicle, that you will have to arrange for a special truck collection by contacting uAfrica Support or arranging it directly with the relevant courier company. Each courier has their own terms, but we advise that parcels bigger than 50cm x 50cm x 50cm or a length of one meter require a special truck pick up. The dimensions submitted to the courier system are only used for rate purposes. Adding a “collection note” when fulfilling on the uAfrica platform is also advised.
- In addition to the administration fee that may be charged by uAfrica in the event of any failure to comply with the requirements of clause 4.6.2, a failure to comply with either of the abovementioned requirements may result in the Goods being damaged or lost or the Goods not being delivered, a delay in the delivery of the Goods being experienced, an inability to track the status of the delivery and/or Losses being incurred by you as a result thereof.
- uAfrica undertakes the delivery of goods to the Takealot warehouses for verified Takealot sellers. Herewith, merchants using uAfrica to transport goods to or from Takealot agree:
- To comply with the rules, regulations and processes set out by uAfrica, their courier partners and Takealot.
- To only fulfil orders for Takealot using the approved couriers on uAfrica.
- Additional surcharges may be applied by the couriers for Takealot deliveries.
- To follow the booking process on the uAfrica platform and Takealot portal as per the communication from uAfrica.
- You acknowledge that as uAfrica does not perform the Courier Services, uAfrica has no control over and shall not be liable for any Losses incurred as a result of:
- partial or non-delivery of the Goods;
- any delay in the delivery of the Goods or delivery of the Goods otherwise being defective;
- the loss, theft or damage of the Goods;
- incorrect or incomplete tracking information being supplied by the Courier;
- any delay in the Courier providing the tracking information;
- any failure on the part of the Courier performing the Courier Services to arrange insurance cover for the Goods (see clause 7 below); and
- any reputational damage suffered by you for any reason whatsoever.
- Notwithstanding the aforegoing or anything to the contrary contained in these Terms and Conditions, uAfrica endeavours to ensure that the Couriers provide a quality service at all times and will endeavour to assist in resolving any queries or disputes that may arise between you and the Courier/s in relation to the Courier Services.
- If you require any additional information pertaining specifically to the shipment of the Goods, we urge you to contact the Courier performing / requested to perform the Courier Services, directly.
6. Sale of Goods & Stores
- uAfrica is not involved in the sale of the Goods at all, save for providing a platform for the sale of the Goods on multiple online platforms and providing a platform for access to multiple Couriers.
- You hereby acknowledge that the sale of goods by you on any Store, in particular, the Online Stores, shall be subject to the terms and conditions of the Store. In this event, you warrant that you have read and understood the terms and conditions of the relevant Store and will comply therewith.
- As uAfrica is not involved in the sale of the Goods, uAfrica:
- will not get involved in any dispute between the Subscriber and the purchaser relating to the Goods and the supply thereof;
- cannot replace or repair the Goods or provide any refund in relation thereto;
- has no control over:
- whether the Subscriber has sufficient stock on hand to fulfil any order or whether the Subscriber’s stock availability has been incorrectly indicated in any advertisement, on any Online Store or otherwise;
- whether the Goods are ultimately received and/or paid for;
- whether the Goods are accurately described in any advertisement, on any Online Store or otherwise;
- whether the Goods sold are being sold in accordance with all applicable laws and regulations or whether they are legally able to be sold;
- whether the Goods are fit for the purpose for which they have been sold and/or purchased;
- whether the seller is able to or will fulfil the order or any of its other obligations in relation to the sale of the Goods;
- whether the Goods are free of any charge or any other encumbrances.
7. Fees & Payment
1. Subscription Fees
- A monthly subscription fee shall be payable to uAfrica in relation to the Services, the amount of which shall vary depending on the Plan to which you have subscribed (“Subscription Fee”).
- The Subscription Fee is payable monthly in advance on the first day of each month.
- The Subscription Fees are non-refundable and subject to annual increase in uAfrica’s sole and absolute discretion, without prior notice.
- All Subscription Fees stated on the Site are stated in Rands and are exclusive of Value- Added Tax levied in terms of the Value- Added Tax Act, 89 of 1991. The same shall apply to Shipping fees as referred to in clause 6.2.
- If you wish to:
- upgrade your Plan, you will be charged and shall be liable for, the Subscription Fee of the higher Plan calculated pro rata from the day of the month in which you have upgraded your Plan to the last day of the month in which you have upgraded your Plan; or
- downgrade your Plan, you are advised to do so at the end of the month as no refund of any part of the Subscription Fee of your higher Plan shall be provided if you downgrade after the 1st (first) day of any month. If you downgrade before the end of any month, you will be charged the Subscription Fee for the downgraded Plan from the month following that in which you have downgraded your Plan; or
- cancel your account, you are advised to do so on the last day of the month as cancellation pursuant to the 1st (first) day of any month will result in you having to make payment of the that month’s Subscription Fee in full or the following month’s Subscription Fee in full, depending on the manner of cancellation.
- In the event that you exceed the order limit applicable to the Plan to which you have subscribed and/or upgrade your Plan and/or subsequently downgrade your Plan on 3 (three) consecutive occasions, uAfrica reserves the right to upgrade you to a higher Plan taking into the account the number of orders by which you have exceeded your order limit on the 3 (three) occasions and you shall be liable for all charges associated with the higher Plan.
2. Shipping Fees
- Shipping fees are charged by uAfrica in addition to the Subscription Fee for the Courier Services (“Shipping Fees”). The Shipping Fees are based on the Courier’s prevailing rate at the time and subject to discount depending on the Plan to which you have subscribed. The discount may be subject to change without notice.
- Shipping Fees can be incurred up to a maximum amount, being a Rand value amount (“Shipping Fee limit”), which amount shall depend on the Plan to which you have subscribed unless a higher Shipping Fee limit has been agreed between you and uAfrica. Any request to increase your Shipping Fee limit shall be subject to an assessment of your payment history and any documentation required by uAfrica for this purpose, and ultimately, in uAfrica’s sole and absolute discretion.
- The Shipping Fees shall become due and payable in full upon the maximum limit being reached or 30 (thirty) days from the date of the last delivery, whichever is the earlier.
- It is your responsibility to obtain payment of the Shipping Fee from the purchasers of your Goods should the Shipping Fee not be included in the purchase price of the Goods. For the avoidance of doubt, payment of the Shipping Fees to uAfrica is not conditional upon the purchaser of the Goods making payment of the Shipping Fee to you.
- Any Shipping Fees provided on the Site are merely estimations of the Shipping Fee to be charged by the Couriers for the Courier Services based on the information provided by you in relation to the weight of the parcel, the dimensions (weight, height and length) of the parcel including all packaging, the collection and delivery locations and the preferred service level, i.e. economy, same day, overnight or other. The correctness of the information listed above is your responsibility, and not that of uAfrica. In addition, the Shipping Fees provided on the Site are exclusive of all airport taxes, custom duties, levies and charges, imposts, surcharges, deposits or outlays of whatsoever nature levied by or payable to the authorities, intermediaries or other parties at any port or place or in connection with the Goods whether at the time of entry and/or at any subsequent time, any Losses incurred or sustained by the Couriers in connection therewith or arising therefrom and any additional charges levied by the courier.
- The Shipping Fees are therefore subject to change and to the extent that the Shipping Fee is greater than that previously estimated, your account will be adjusted accordingly.
- It is your responsibility to analyze your shipping transactions on a timely basis to identify any discrepancies. Any dispute between the estimated charge and final shipping fee charged by the courier must be submitted to uAfrica via email with relevant documentation supporting your claim. Credits cannot be claimed for waybills that are older than 3 calendar months at date of claim submission.
- To the extent however that any credit is due to be passed by uAfrica in relation to the Shipping Fee, for any reason whatsoever, including but not limited to, a difference between your estimated weight and the actual weight of the Goods being couriered. The credit shall only be passed to your shipping balance on uAfrica (and not directly to your bank account), once uAfrica has received the corresponding credit from the relevant Courier. The courier thus needs to approve the credit in order for uAfrica to apply the credit on your account.
- The time frame of submitting a credit request and uAfrica processing the request depends on when uAfrica receives the credit from the courier. This can be a timely process that can take between 12 and 18 weeks (for more details on the Credit Policy, click here).
- The Subscription and Shipping Fees may be paid by means of credit card, cheque card, Mastercard, Visa, Diner’s Club, Payfast, instant electronic transfer or debit order and must be paid in South African rands. In this regard:
- should you wish to make payment by means of credit card, cheque card, Mastercard, Visa, Diner’s Club, or Payfast and your card details are provided to uAfrica on the Site or via Payfast, your card will be charged automatically pursuant to the Subscription and/or Shipping Fees having become due and you having been notified of the amount owing and prompted to make payment;
- should you wish to make payment of all charges by debit order, you acknowledge that uAfrica shall be entitled to draw against your bank account, all charges due by you in terms of these Terms and Conditions. You will be required to provide uAfrica with a Debit Order Authorisation for this purpose; and
- Should you wish to make payment by electronic funds transfer to uAfrica’s bank account, proof of payment must be provided to uAfrica via email at email@example.com.
- Methods of payment may vary depending on the country from which you subscribe for the Services. uAfrica reserves the right to vary and/or add to and/or remove payment methods from time to time.
- All amounts due to uAfrica will be paid to uAfrica without deduction, set-off or withholding.
- Any amount due and payable to uAfrica shall be determined and proven by certificate issued by uAfrica and signed on its behalf by any person duly authorised by uAfrica, which authority need not be proven. Such certificates shall be binding and shall be prima facie proof of your indebtedness. For purposes of this clause 6.3.4, “certificate” shall mean an official uAfrica letterhead.
- uAfrica shall not be obliged to comply with its obligations hereunder in any respect whatsoever for so long as you are indebted to uAfrica in any amount whatsoever in respect of any cause whatsoever and for so long as you fail to comply with any other obligations under these Terms and Conditions.
- Save as contemplated in clause 6.4 below, any fee payable by you in respect of the sale for the Goods via any Store shall be payable directly to the relevant Store.
- Any billing-related queries must be addressed to firstname.lastname@example.org.
4. Store Payment & Shopify Partner Billing
- In the event that you have previously signed up to Shopify via uAfrica and are part of our Shopify Partner Billing:
- all Shopify fees shall be payable by you to uAfrica;
- Shopify will invoice you for all charges payable in United States Dollars and you will be required to make payment to uAfrica of the equivalent Rand amount as stated on XE.com;
- once payment has been received by uAfrica, uAfrica will issue you with a receipt for the Rand amount;
- you acknowledge that uAfrica merely acts as a collection agent for Shopify and as such, uAfrica cannot assist with billing queries, the passing of credits or refunds.
- All Shopify Partner Billing queries must be addressed to email@example.com.
- The Goods are not automatically insured however, depending on the Plan you have subscribed to, there is an option to insure the Goods should you wish to do so. Should you exercise the option to insure the Goods, you acknowledge that:
- the Goods shall be insured by an insurance company engaged by the Courier performing the Courier Services for this purpose;
- the terms and conditions pertaining to any such policy of insurance shall be finalised and set by any broker, agent or insurance company selected by the Courier;
- it shall be your responsibility to ensure that you have read, understood and familiarised yourself with the terms and conditions pertaining to such policy of insurance and to act in accordance therewith;
- any insurance will be subject to any and all exceptions and conditions as may be imposed by the insurance company taking the risk;
- you shall be liable to make payment of the insurance premium and any other costs, charges, or expenses that may be incurred in connection with arranging or obtaining insurance, which fees shall be added to the Shipping Fee and payable in accordance with clause 6 above.
- should the insurer dispute its liability in terms of any insurance policy acquired in respect of the Goods your recourse in these circumstances, lies with the Courier having performed the Courier Services and the insurance company in question.
- uAfrica has compiled a document for each Courier, containing need-to-know information in relation to their policies for insurance more specifically, the processes to be followed for insuring your Goods and/or processes to be followed should you need to claim under any policy of insurance, a link to which can be found on the Website. This document is merely provided by uAfrica as a means to provide clarity on the processes relating to the Courier’s policies of insurance. However, whilst uAfrica endeavours to ensure that the information contained therein is accurate, correct and/or up to date, uAfrica does not warrant, hold out or in any way represent this to be the case. It is important to familiarise yourself with the INSURANCE POLICY.
9. General Provisions relating to the Courier Services
- If any permit, consent or approval to handle the Goods is required by law or regulation, the Couriers may require that you inform them of this obligation and that you obtain and/or assist the Courier in any manner possible to obtain the necessary permit, consent or approval to handle the Goods. All costs associated with such permit, consent or approval shall be for your account.
- The Couriers generally also impose conditions and/or restrictions on the transporting of fragile and pilferable goods and the types of Goods that may be transported.
- You are therefore encouraged to familiarise yourself with the Courier’s terms and conditions in this regard and to comply with all such conditions and/or restrictions to avoid the delivery of the Goods being delayed, a refusal by the Courier to perform the Courier Services and/or incurring any Losses as a result thereof.
10. Personal Information
- You will be required to provide uAfrica with Personal Information in your use of the Website and the Services and for purposes of the performance of the Courier Services.
- You expressly consent to uAfrica processing Personal Information for purposes of providing the Services and/or for the purposes of the Courier Services. “Processing”, as referred to in this clause 9.2, shall mean any act involving inter alia the collection, consultation, distribution, storage, retrieval, recording, modification, collation or any other use of Personal Information.
- You hereby expressly consent to uAfrica providing its agents, sub-contractors or other third parties with the Personal Information in order for uAfrica to fulfil its obligations in these Terms and Conditions and/or in order for the Courier/s to render the Courier Services. You further acknowledge that uAfrica providing Personal Information to its agents, sub-contractors or third parties may necessitate the cross-border transfer of Personal Information and you hereby provide your express consent to the cross-border transfer of the Personal Information.
- In the event of you providing Personal Information to uAfrica of any third party for purposes of the Services and/or the Courier Services, you hereby warrant that the relevant authority and/or permission to do so has been obtained from the third party in question.
- uAfrica will take all reasonable precautions to prevent any loss, theft, misuse or unauthorised access of your Personal Information.
- You hereby warrant that the Personal Information provided to uAfrica is accurate, up to date and not false, misleading, deceptive or fraudulent.
11. General Use of the Website and uAfrica Platform
- The Site contains copyrighted material, trademarks and other proprietary information. The Site itself is also subject to copyright protection.
- In using the Site, you undertake not to:
- modify, publish, transmit, sell, copy or in any way exploit the part or whole of the content of the Website;
- use the Site in connection with or for purposes of committing any violation of laws or regulations, whether national or international;
- use the Site in order to violate or attempt to violate the security of a network, service or other system;
- use the Site to transmit and/or distribute materials and/or make any statements that:
- are of a threatening nature;
- are disparaging, grossly inflammatory, misleading, fraudulent, false, or inaccurate or contain vulgar, profane, abusive or hateful language, epithets or expressions, or slurs;
- contain unsubstantiated claims;
- are harmful and/or offensive;
- contain any invidious programs or data whether attached to or embedded in other programs or data or not;
- discriminates on the grounds of religion, race, nationality, origin, gender, age, marital status, disability or sexual orientation;
- illegally copy, store, use, alter, impair, interfere with or attempt to interfere with or distribute data;
- alter, damage, destroy, erase, interfere with or attempt to interfere with or infect uAfrica’s files, data and other computer systems and network resources or those of other users of the uAfrica Site (“Users”) or any other person or access, copy, modify, remove or impair the reliability, security or operation of any data or files or other information stored in these systems or network resources;
- impair the electronic communications to or from, or interfere with or obstruct the lawful use of, or otherwise access uAfrica’s computer systems without authorisation or those of other Users or any other person;
- interfere with any Users’ uninterrupted use of the Website;
- engage in any practice or conduct that is unlawful;
- collect Users’ Personal Information;
- engage in spamming, advertising, unsolicited emails, cybersquatting or typosquatting;
- place any referral links on any pages of the Site.
- In addition to the above, you agree:
- to comply with any and all laws and regulations in your use of the Site; and
- not to harass, intimidate or threaten any of the uAfrica staff or any other Users in any manner or form.
- uAfrica makes no representations that the information contained on this Site complies with any laws of any country in which it operates and you choose to access and use this Site at your own risk.
In addition to the warranties provided by you elsewhere in these Terms and Conditions, you hereby warrant in favour of uAfrica that:
- you regard these Terms and Conditions as binding on you;
- you are of legal age or that you act on behalf of a duly incorporated entity and have the necessary authority to act on behalf of that entity.
13. Limitation of Liability & Indemnity
- Notwithstanding the aforegoing, under no circumstances will uAfrica assume any liability whatsoever, whether to you or person having an interest in the Goods as a result of:
- any breach by the Courier of the terms and conditions to which the performance of the Courier Services are subject and/or any negligent (including grossly negligent) or wilful act or omission of the Couriers and/or any failure by the Couriers to properly perform the Courier Services;
- any breach by you of these Terms and Conditions;
- a failure, or error in the operation, of all or any part of the Site, uAfrica’s computer systems, network resources, the Services, or any other computer systems or network resources to which they may be connected or upon which they may rely or the taking offline of any of those computer systems or network resources for any reason whatsoever.
- uAfrica shall also not be liable to you or any person having an interest in the Goods for any consequential, indirect, delictual, special Losses of any nature whatsoever and howsoever arising.
- Subject to clauses 12.1 and 12.2 and any other limitation of liability provision elsewhere contained in these Terms and Conditions, if uAfrica is found, for any reason whatsoever, to be liable for any Losses suffered by you or any person having an interest in the Goods, uAfrica’s liability shall be limited to the sum of the actual Losses suffered or the total sum of the Subscription Fee paid by the Subscriber in the 6 (six) months immediately preceding the Losses being incurred, whichever is the lesser.
- Notwithstanding anything to the contrary contained in these Terms and Conditions, you hereby indemnify and hold uAfrica harmless against any Losses suffered or incurred by you whether direct, indirect or consequential as a result of your breach of these Terms and Conditions.
14. Links to and from other Websites
- Links to third party websites on this Site are provided solely for your convenience.
- You agree and acknowledge that not all of these third party websites have been reviewed by uAfrica and uAfrica shall not be responsible for the content or availability of the third party websites.
- uAfrica does not endorse or make any representations about the third party websites and whether they are what they claim to be, any material found there, or any results that may be obtained from using them or that the third party websites are not defective.
- Certain advertisements for products and services may appear on the Website from time to time.
- You hereby agree that uAfrica shall not be responsible for any errors in price or information relating to the product or service advertised, error in the date or length of availability, error in pricing or product or service information that appears in any such advertisements.
16. Applicable Legislation
- If uAfrica is obliged, in the execution of its obligations, to comply with any law of any nature whatsoever, uAfrica’s compliance with the requisite laws shall not be deemed to be a waiver or novation of any of its rights herein and uAfrica shall not be deemed to have assumed any onus, obligation, responsibility or liability in your favour.
- If there is any inconsistency between these Terms and Conditions and any applicable legislation, the provisions of the applicable legislation shall prevail and in this event, shall in no way affect the remaining Terms and Conditions.
17. No Cession
- You may not cede or assign any rights and/or obligations which you may have in terms of these Terms and Conditions to any third party.
- uAfrica may however cede or assign any rights and/or obligations in terms of these Terms and Conditions as it, in its sole discretion deems fit.
Should any provision be declared to be illegal, invalid or unenforceable in any jurisdiction affected by these Terms and Conditions, such provision shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of the provisions hereof, without invalidating the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of such provision in any other jurisdiction.
19. Governing Law
These Terms and Conditions shall be governed by the law of South Africa.
20. Force Majeure
uAfrica shall not be responsible for failure to perform hereunder due to causes beyond its control including, but not limited to, work stoppages, fires, civil disobedience, riots, rebellions, earthquakes, floods, acts of God and similar occurrences.
In the event that any action or proceeding is brought against the Subscriber to enforce, or interpret any provision of these Terms and Conditions or recover any amounts, uAfrica shall be entitled to recover all costs incurred by it on an attorney and client scale, whether incurred prior to or during the institution of legal proceedings or if judgment has been granted, in connection with the satisfaction or enforcement of such judgment.