TERMS & CONDITIONS

WEBSITE TERMS AND CONDITIONS OF SUPPLY

This page (together with the other terms and conditions referred to in it) tells you the terms and conditions on which we supply any of the Freight Forwarding/Cargo Services (Services) listed on our website www.zingelaforwarders.co.za (our site) to you. Please read these terms and conditions carefully before ordering any Products or requesting Services from our site.You should understand that by ordering any of our Products or Services, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products or Services from our site.

1. INFORMATION ABOUT US
   1. www.zingelaforwarders.co.za is a site operated by Zingela Forwarders CC . We are registered in the Republic of South Africa under the registration number 2010/056693/23 and with our registered office at Unit 12 & 13 Brentwood Business Park, 37 Road no 3, Brentwood Park, Benoni. Our main trading address is Unit 12 & 13 Brentwood Business Park, 37 Road no 3, Brentwood Park, Benoni. Our VAT number is 4550253373.
2. SERVICE AVAILABILITY
   1. We are a business in the Import/Export industry that markets and renders the following Services: Freight Forwarding, Customs Clearing, Transport, Packaging and related services. Some restrictions are placed on the extent to which we accept orders from specific countries.
3. YOUR STATUS
   1. By placing an order through our site, you warrant that:
      • You are legally capable of entering into binding contracts; and
      • You are at least 18 years old;
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
   1. If you contact us and provide us with all relevant information, we shall forward you a quotation in respect of the Services we are able to render. Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by Us to You are for information purposes only and are subject to change without notice; no quotation shall be binding upon Us unless We have accepted your order as stated below.
   2. On acceptance of the quotation and receipt of full payment, you need to place an order with us via email, which order needs to be accompanied by a proof of payment.
   3. After placing an order, you will receive an e-mail from us acknowledging that we have received your order.
   4. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to acquire services from us. All orders are subject to availability, receipt of full payment and acceptance by us.
   5. We will confirm such acceptance to you by sending you an e-mail that confirms that the order for the Services has been accepted and that the procedure to render the Service has been started (the Order Confirmation). All details of the Services to be rendered shall be stipulated in the Order Confirmation.The contract between us (Contract) will only be formed when we send you the Order Confirmation.
   6. The Contract will relate only to those Services we have confirmed in the Order Confirmation. We will not be obliged to supply any other Services, which may have been part of your order until the confirmation of such Services has been confirmed in a separate Order Confirmation.
   7. Additional service specific notices, terms and conditions may apply to the provision of Services, all of which are made a part of these terms and conditions by this reference. You agree to abide by all such other notices, terms and conditions. If there is a conflict between these terms and conditions and the Service specific terms and conditions, the latter terms shall control with respect to the Services acquired by you. Our obligations, if any, with respect to its Services are governed solely by the terms, conditions, notices and agreement pursuant to which they are provided, and nothing on the website should be construed to alter such terms, conditions, notices and agreements. We make no warrant or representation whatsoever regarding any other website that you may access through this website.
5. OUR STATUS
   1. Please note that in some cases, we accept orders as agents on behalf of third parties. The resulting legal contract is between you and that third party, and is subject to the terms and conditions of that third party, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
   2. We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products and/or services you purchase from third parties through our website, or from companies to whose website we have provided a link on our website, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party.
6. RELIANCE ON INFORMATION FURNISHED
   1. You acknowledge that it is required to review all documents and declarations prepared and/or filed with customs service, other government agency and/or third parties, and will immediately advise Us of any errors, discrepancies, incorrect statements or omissions on any declaration filed on Your or your organisation’s behalf.
   2. In preparing and submitting customs entries, export declarations, applications, documentation and/or export data to the relevant country and/or a third party, We rely on the correctness of all documentation, whether in written or electronic format, and all information furnished by You; You shall use reasonable care to insure the correctness of all such information and shall indemnify and hold Us harmless from any and all claims asserted and/or liability or losses suffered by reason of the your failure to disclose information or any incorrect or false statement by yourself upon which We reasonably relied. You agree that You have an affirmative non-delegable duty to disclose any and all information required to import, export or enter the products.
7. INSURANCE
   1. All notices given by you to us must be given to Zingela Forwarders CC at Unit 12 & 13 Brentwood Business Park, 37 Road no 3, Brentwood Park, Benoni ORkoos@zingelaforwarders.co.za. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such e-mail was sent to the specified e-mail address of the addressee.
8. CONSUMER RIGHTS
   1. If you are contracting as a consumer, you may cancel a Contract at any time within seven (7) days beginning on the day you received the Order Confirmation. In this case, you will receive a full refund of the price paid for the Services to be rendered in accordance with our refunds policy (set out in clause 16)
   2. To cancel a Contract, you must inform us in writing. You must collect all items forwarded to us in respect of the Services to be rendered immediately at your own cost and risk. If you fail to comply with this obligation, we may have a right of action against you for compensation.
   3. You will not have any right to cancel a Contract for the supply of any of the Services if your items have been despatched from our premises.
   4. Details of this statutory right, and an explanation of how to exercise it, are provided in the Order Confirmation. This provision does not affect your statutory rights.
9. AVAILABILITY AND DELIVERY
   1. Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 40 working days OR a reasonable time of the date of the Order Confirmation, unless there are exceptional circumstances. Availability and delivery depends on your cooperation and assistance. We will not be in breach of these terms and conditions where late delivery is a result of Your or your organisation’s or any third party (not within Our control) actions or omissions.
10. RISK AND TITLE
    1. Your items that are subject to the Services will always be at your risk from the time of delivery to our premises. We therefore encourage you to make sure that your items are sufficiently insured.
11. PRICE AND PAYMENT
    1. The price of any Services will be as quoted on our site from time to time and/or as per the quotation forwarded to you, except in cases of obvious error.
    2. These prices include VAT however exclude delivery costs, which will be added to the total amount due as set out in our Order Confirmation.
    3. Prices may change at any time, however changes will not affect orders in respect of which we have already sent you an Order Confirmation.
    4. Our site contains a large number of Services and it is always possible that, despite our best efforts, some of the Services listed on our site or in our quote may be incorrectly priced.
    5. We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
    6. All charges must be paid by You or your organisation in advance unless We agree in writing to extend credit to You; the granting of credit to You in connection with a particular transaction shall not be considered a waiver of this provision by Us
    7. Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the Zingela Forwarders’ First National Bank account, the details of which will be provided on request.
    8. Credit card transactions will be acquired for Zingela Forwarders CC via PayGate (Pty) Ltd who is the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
12. CUSTOMER DETAILS SEPARATE FROM CARD DETAILS
    1. Customer details will be stored by Zingela Forwarders CC separately from card details, which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
13. PRIVACY POLICY
    1. We shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Protection of Personal Information Act 4
       of 2013 (the Act).
    2. We may collect and process the following data about you:
       1. Information you give us: You may give us information about you by filling in form or by corresponding
          with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our Services, use our login facility (“Portal”) and when you report a problem with our site or Portal. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and
          photograph.
       2. Information we collect about you: With regard to each of your visits to our site or Portal we may automatically collect the following information:
          1. technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
          2. information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); services/products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
          3. Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide or where you have authorised us to collect information from selected third parties. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on our site or the Portal. We are also working closely with third parties (including, for example, business partners, subcontractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
    3. Reference to “consent”, “your consent” or “your explicit consent” shall include the clicking of “application” or “submit” button or “I agree” button on our Portal, or your use of the Portal (our Services).
    4. We are not responsible for indirect losses or consequential or special damages which happen as a side effect of the main loss or damage, including but not limited to:
       1. Information you give to us: We will use this information to:
          1. carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, Products and Services that you request from us;
          2. provide you with information about other Services we offer that are similar to those that you have already acquired or enquired about;
          3. provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those, which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, kindly inform us in writing;
          4. notify you about changes to our Services;
          5. ensure that content from our site or the Portal is presented in the most effective manner for you and for your computer;
          6. deal with enquiries and complaints made by or about you relating to our site.
    5. Information we collect about you: We will use this information:
       1. to administer our site, Portal and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
       2. to improve our site or Portal to ensure that content is presented in the most effective manner for you and for your computer;
          1. to allow you to participate in interactive features of our service, when you choose to do so;
          2. as part of our efforts to keep our site safe and secure;
          3. to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
          4. to make suggestions and recommendations to you and other users of our site (including the Portal) about goods or services that may interest you or them.
    6. Information we receive from other sources: We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).
    7. Submission of Personal Information on behalf of another: Kindly take note that if you provide information on behalf of someone else, then it is your responsibility to obtain the necessary
       consent from such person before making the information available to us. On receipt of personal information we assume that the necessary consent has been obtained and will process the Personal Information as per your instructions.
       1. We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in the South African Companies Act 2008.
       2. We may share your information with selected third parties including:
          1. Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
          2. Service Providers that provide information processing services to us. In those circumstances those third parties shall be required to enter into a non-disclosure agreement on no less stringent terms than found in this privacy policy and to process and protect your personal information in accordance with our instructions. Occasionally the third party service providers may be outside the borders of South Africa and will we transfer your personal information to them for the
             necessary processing services.
          3. Analytics and search engine providers that assist us in the improvement and optimisation of our site.
       3. We may disclose your personal information to third parties:
          1. In the event that we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets.
          2. If we or substantially all of our assets are acquired by a third party, in which case personal information held by us about our customers will be one of the transferred assets.
          3. If we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our terms of use applicable to any particular
             site of ours or terms and conditions of supply of our services to you and other agreements; or to protect our rights, property, or safety, or the ights, property or safety of our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction
    8. The data that we collect from you may be transferred to, and stored at, a destination outside the Republic of South Africa (“RSA”). It may also be processed by staff operating outside the RSA who work for us or for one of our suppliers/service providers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
    9. All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password, which enables you to access certain parts of our site, you are responsible for
       keeping this password confidential. We ask you not to share a password with anyone.
    10. Records of personal information will not be retained for longer that is necessary for operational or archiving
        purposes for which the information was collected, unless retention of record is required or authorised by law. Records of personal information may be retained for periods in excess of those contemplated
        for historical, statistical or research purposes, subject to us establishing appropriate safeguards against the records being used for any other purpose and or we have de-identified the record(s).
    11. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
    12. Access to information: You have a right to see/access your personal information that we keep about you. You may instruct us to provide you with any personal information we hold about you upon receipt of a written request and payment of a fee as per the Promotion of Access to Information Act 2 of 2000 (click
        here to access).
14. MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY
    1. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
15. RESPONSIBILITY
    1. Zingela Forwarders CC be responsible for the delivery of the Services made available via this website, customer service and support, dispute resolution and delivery of goods as per the Order.
16. OUR REFUNDS POLICY
    1. When you cancel the Service
       1. within the seven-day cooling-off period: because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given written notice of your cancellation. In this case, we will refund the difference between the quoted price of the Services and all costs or expenses which may include but are not limited to permit costs, transport costs, storage cost etc. that we have already incurred.
       2. after the seven-day cooling-off period: because you have cancelled the Contract between us after the seven-day cooling-off period (see clause 6.1), and most of the administration work has been attended to, we will process the refund due to you as soon as possible. In this case, we will refund the difference between the quoted price of the Services minus 60% of the quoted price of the Service for administration costs minus any other penalties and/or costs which may include but are not limited to permit costs, transport costs, storage cost etc.
    2. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
17. OUR LIABILITY
    1. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the price of the Services.
    2. We are not responsible for indirect losses or consequential or special damages which happen as a side effect of the main loss or damage, including but not limited to:
       1. for fraud or fraudulent misrepresentation; or
       2. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.We are not responsible for indirect losses or consequential or special damages which happen as a side effect of the main loss or damage, including but not limited to:
          1. • loss of income or revenue
             • loss of business
             • loss of profits or contracts
             • loss of anticipated savings
             • loss of data, or
             • waste of management or office time

          however arising and whether caused by delict (including negligence), breach of contract or otherwise.

    3. Where you use any services from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
    4. You/your organisation agree to indemnify, defend, and hold Us harmless from any claims and/or liability arising from the importation or exportation of Your or your organisation’s products/merchandise and/or any of Your or your organisation’s conduct, which violates any laws or regulations, and further agrees to indemnify and hold Us harmless against any and all liability, loss, damages, costs, claims and/or expenses, including but not limited to reasonable attorney’s fees, which We may here after incur, suffer or be required to pay by reason of such claims; in the event that any claim, suit or proceeding is brought against Us , it shall give notice in writing to You by mail at its address on file with Us.
18. IMPORT DUTY
    1. By utilising our Services, you may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
    2. Please also note that you must comply with all applicable laws and regulations of the country for which the products and/or your items are destined. We will not be liable for any breach by you of any such laws.
19. WRITTEN COMMUNICATIONS
    1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
20. NOTICES
    1. All notices given by you to us must be given to Zingela Forwarders CC at Unit 12 & 13 Brentwood Business Park, 37 Road no 3, Brentwood Park, Benoni ORkoos@zingelaforwarders.co.za. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such e-mail was sent to the specified e-mail address of the addressee.
21. TRANSFER OF RIGHTS AND OBLIGATIONS
    1. The contract between you and us is binding on you and us and on our respective successors and assigns.
    2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
    3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
22. EVENTS OUTSIDE OUR CONTROL
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
    2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
       1. Strikes, lock-outs or other industrial action.
       2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
       3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
       4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
       5. Impossibility of the use of public or private telecommunications networks.
       6. The acts, decrees, legislation, regulations or restrictions of any government or government agency.
    3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
23. WAIVER
    1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
    2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
    3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 19 above.
24. SEVERABILITY
    1. If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
25. ENTIRE AGREEMENT
    1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
    2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
    3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
26. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
    1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
    2. You will be subject to the policies and terms and conditions in force at the time that you request the Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Order Confirmation.
27. LAW AND JURISDICTION
    1. Contracts for the rendering of the Services through our site will be governed by South African law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of the Republic of South Africa.