TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS THAT APPLY TO THE USE OF OUR WEBSITE

1. Terms Of Website Use

a) These terms of use (“Terms of Use”), together with the documents referred to herein, makes provision for the terms and conditions applicable when making use of our website https://zingelaforwarders.co.za or such mobi-sites or applications that directs you to https://zingelaforwarders.co.za/ and/ or any social network website we make available to you (“our website(s)”).

b) Please read these Terms of Use carefully before making use of our website. We recommend that you print a copy of these Terms of Use for future reference.

c) These Terms of Use set forth the binding legal agreement between every person that accesses or uses our website.

d) These Terms of Use also refer to our Privacy Policy, which sets out the terms on which we process any Personal Information we collect from you, or that you provide to us, which also apply to your use of our website.. By using our website, you consent to such Processing.

e) If you do not agree to these Terms of Use or any of our policies, we advise that you refrain from making use of our website.

Please pay specific attention to the BOLD paragraphs of the Terms of Use. These paragraphs limit the risk or liability of Zingela, constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify Zingela and is an acknowledgement of any fact by you.

2. Information About Us

Website: Our website is owned and operated by Zingela Forwarders CC under the registration number 2010/056693/23; (“ZINGELA”, “we”, “us”, “our”).

Registered Address: Unit 12&13 Brentwood Business Park, 37 Road no 3, Brentwood Park, Benoni (“Premises”).

Postal Address: As above

More about us: See our PAI Manual.

3. Changes To These Terms

a) We may change these Terms of Use or any other term as referred to under these Terms of Use at any time. The amendments will be applicable when published on our website.

b) Please check the Terms of Use from time to time to take notice of any changes made, as they are binding on you.

c) Please check the date in the footer of these Terms of Use to see when it was last updated.

4. Changes To Our Website

a) We may update our website from time to time, and may change the content at any time.

b) We may stop publishing our site at any time without notice and will not be responsible for any consequences.

c) The content on our website is provided for general information purposes only and the content may be out of date at any given time. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete, free from errors or omissions or up-to-date.

5. Accessing Our Website

a) Access to our website is made available free of charge.

b) We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis.

c) We may suspend, terminate, withdraw, discontinue or change all or any part of our website (including, but not limited to the services/ activities/ campaigns available) without notice to you. We will not be liable to you if, for any reason, our website is unavailable at any time or for any period.

d) You are responsible for making all arrangements necessary for you to have access to our website, including, but not limited to, mobile data and the costs associated with it. We do not guarantee that our website, or any portion thereof, will function on any particular hardware or devices. In addition, use of our website may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

6. Rights Granted To You

a) Subject to these Terms of Use, we grant you a limited, non-exclusive, non-transferrable and revocable, license to access and use our website and content at any time, solely for your personal, non-commercial use, on any device of which you are the primary user.

b) We may terminate this licence at any time for any reason.

c) Any rights not expressly granted herein are reserved by us.

7. Prohibited Uses

You may not use our website or content:

a) in any way that breaches any applicable local, national or international law or regulation (including intellectual property laws);

b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

c) in any way that encourages any illegal activity, including, but not limited to, promoting or facilitating access to, use of and/ or sale of illegal substances, services, information and/ or devices;

d) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (for example: Spam);

e) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware into our website or the content used by us or any other users of our website;

f) to access or attempt to access, without authority, interfere with, damage, alter, corrupt or disrupt any data or part of our website or the equipment or network on which the website is stored; and/ or

g) in any way to facilitate or assist any third party to do any of the above.

You may further not:

a) remove any copyright, trademark or other proprietary notices from any portion of our website or from the services available;

b) reproduce, copy (direct or in-direct), modify, adapt, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our website or the services (or any part thereof);

c) decompile, reverse engineer or disassemble our website or the services except as may be permitted by applicable law;

d) cause or launch any programs or scripts for the purpose of scraping, mirroring, indexing, surveying, or otherwise data mining any portion of our website or unduly burdening or hindering the operation and/ or functionality of any aspect of our website;

e) frame our website or any part thereof;

f) access or use our website or the content through automated means, including through the use of robots, spiders, or offline readers (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of our website or the content and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorised content);

g) transmit content that the user does not own or does not have the right to publish or distribute; or

h) attempt to gain unauthorised access to or impair any aspect of our website or its related systems or networks.

E-mail addresses, names, telephone numbers, physical addresses and/ or fax numbers published on our website may not be incorporated into any database used for commercial purposes or electronic marketing or similar purposes. The presentation of such details is no “opt-in”/ permission from us to utilise same.

8. Intellectual Property Rights

a) We are the owner and/ or rightful licensee of all intellectual property rights (including but not limited to, concepts, know-how, data processing techniques, copyrights, patents, designs (including the website look and feel and lay out and photos), inventions, trademarks, trade names, tables and compilations of data which are created, invented and/ or developed, registered or unregistered) in our website and content.

b) Unless specifically stated in these Terms of Use, your use of the website grants no rights to you in relation to our intellectual property rights (or the intellectual property rights of third parties).

c) You may copy, and may download extracts, of any page(s) from our website for your personal use and to determine whether you wish to use our services or any of the other services advertised on our website. You may draw the attention of others to content posted on our website or by sharing same via social networks or other means available. Any other use, distribution or reproduction of our content is prohibited unless expressly authorised in these Terms of Use or by law.

d) You must not modify the copies of any materials you have printed off or downloaded from our website in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or claim that it is yours. Our status as the authors of content on our website must always be acknowledged.

e) Neither these Terms of Use nor your use of our website or services convey or grant to you any rights:

in or related to our website except for the limited license granted under paragraph 6 above; or
to use or reference in any manner our business names, service names, logos, trademarks, designs or services marks or those of our licensors (registered or un-registered).

9. Limitation Of Our Liability

a) WE PROVIDE OUR WEBSITE TO YOU ON AN “AS-IS” AND ON AN “AS-AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR WEBSITE OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED. IN ADDITION, WE MAKE NO REPRESENTATION, GUARANTEE OR WARRANTY REGARDING THE QUALITY, RELIABILITY, SUITABILITY, ACCURACY, CORRECTNESS OR AVAILABILITY OF OUR WEBSITE OR ANY OF OUR SERVICES OR ACTIVITIES OR OTHER INFORMATION, OR THAT PROVIDED BY ANOTHER USER, THROUGH THE USE OF OUR WEBSITE, OR THAT THE USE OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT IT IS WITHIN YOUR SOLE DISCRETION TO USE OUR WEBSITE AND THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF OUR WEBSITE REMAINS SOLELY WITH YOU.

b) WE, OUR BOARD MEMBERS, AFFILIATE MEMBERS, ASSOCIATE MEMBERS, PERSONNEL MEMBERS, AGENTS, AUTHORISED SUB-CONTRACTORS AND/ OR CONTRIBUTORS (WHERE APPLICABLE) SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER OR HOWSOEVER CAUSED ARISING FROM INFORMATION MADE AVAILABLE ON (OR BY MEANS OF) OUR WEBSITE, OTHER USERS THEREON, OR THE ACCESS OR USE OF OUR WEBSITE OR THE USE OF ANY OF OUR OR ANY THIRD-PARTY PRODUCTS AND/ OR SERVICES.

c) YOU AGREE TO FULLY INDEMNIFY, DEFEND AND HOLD US, AND OUR AGENTS, PERSONNEL MEMBERS AND CONTRIBUTORS, HARMLESS IMMEDIATELY ON DEMAND, FROM AND AGAINST ALL CLAIMS, LOSSES, COSTS AND EXPENSES, INCLUDING REASONABLE LEGAL FEES, ARISING OUT OF ANY BREACH OF THESE TERMS OF USE BY YOU, OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR PERSONAL INFORMATION.

d) 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”).

e) 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:

i) Strikes, lock-outs or other industrial action.
i) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
ii) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
iii) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
iv) Impossibility of the use of public or private telecommunications networks.
v) The acts, decrees, legislation, regulations or restrictions of any government or government agency.

f) 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.

g) DIFFERENT LIMITATIONS AND EXCLUSIONS OF LIABILITY MAY APPLY TO LIABILITY ARISING AS A RESULT OF THE SUPPLY OF SERVICES BY US TO YOU, WHICH WILL BE SET OUT IN OUR SERVICE SPECIFIC TERMS AND CONDITIONS.

h) If any liability, Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the price of the Services.

i) This does not include or limit in any way our liability:

j) For fraud or fraudulent misrepresentation; or
i) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

j) 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:

i) loss of income or revenue
ii) loss of business
iii) loss of profits or contracts
iv) loss of anticipated savings
v) loss of data, or
vi) waste of management or office time

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

k) 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.

l) 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 hereafter 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.

10. Security

a) Although we are not obliged to provide security on our website, we feel it is important that your information, or any communication between us, is dealt with in the most secure manner reasonably possible. We take reasonable security measures to ensure the safety and integrity of our website and to exclude viruses, unlawful monitoring and/ or access to our website. However, because of the nature of the internet, we cannot guarantee that your communications with us via our website are completely secure at all times.

b) To provide adequate security to all our users, and to monitor activities prohibited under section 86 of the ECT Act, you hereby agree to our right to intercept, monitor, block, read, delete or access all data sent to the website or any of our other communication facilities, for example, email, instant messaging or fax-to-email applications, subject to the conditions as set out under the RIC Act.

c) It is our policy to virus check documents and files before they are uploaded to our website (if any). However, we cannot guarantee that documents or files downloaded from our website will be free from viruses and we do not accept any responsibility for any damage or loss caused by any such virus. Accordingly, for your own protection, you must use virus-checking software when using this website. Further, you agree not to upload or provide, via our website, any document or file that may contain a virus. You are required to virus check any document or file which you intend to upload or provide to our website.

11. Linking To Our Website

a) You may link to our website from your website or other social media page, but only to our Homepage or page of your service provider, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it or breach any provision of these Terms of Use.

b) You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, or provide a link to our website in any website that is not owned by you.

c) We reserve the right to withdraw linking permission without notice to you.

12. Content And Links In Our Website

a) Where our website contains links (hyperlinks, deep links, framing) to other websites and resources provided by third-parties, these links are provided for your convenience and information only. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party content. We do not endorse such third-party content and in no event shall we be responsible or liable for any information, material, products or services of such third-party providers. Any such links do not imply any endorsement, agreement on or support of the content or products or services of such target sites.

b) We do not purport to own the content on the other websites which may be shown on our website. Should the owner of any content showcased on our website(s) want the content to be removed, please write to us at info@zingelaforwarders.co.za to request the removal of such content.

c) Your access and use of the other websites remain solely at your own risk and on the terms set by the relevant third-party.

d) Social networks: You agree that when accessing, using and/ or posting or uploading any content or materials of any kind to our social network pages (including but not limited to YouTube, Facebook, Instagram, Twitter or any other facility made available by us from time to time) (if any), you will-

i) not use the social network page’s communication facility in any improper or unlawful manner or in breach of any legislation or licence that applies to you;
ii) not harass others or disclose personal information about others that could amount to harassment;
iii) not submit, publish, post, upload, store, distribute or disseminate any defamatory, infringing, offensive, obscene, indecent, harmful, confidential, hateful, threatening or otherwise illegal or objectionable material or information;
iv) not submit, post or upload files that contain software or other material the intellectual property rights in which are owned by any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;
v) not upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the social network page or any other computer;
vi) not impersonate any person or entity, or falsely state or otherwise misrepresent yourself in any way;
vii) not promote any activity that is illegal;
viii) not use software to harvest information from the social media network page;
ix) not submit any material which is prohibited by any applicable data protection or privacy legislation;
x) only upload or submit material to the social network page which either you own or which you have the permission of the owner of that material to submit;
xi) not otherwise submit, post or upload any content or materials or otherwise do anything in breach of the social media networks’ Terms of Use; and
xii) abide to the particular social network’s Community Standards (Facebook), Community Guidelines (Instagram) The Twitter Rules (Twitter) or any other similar rules and guidelines made available by the particular social network. You agree that you shall be solely responsible for all content, information or materials of whatever nature or medium that you submit, post, upload, publish or display on or through the social media network page or transmit to or share with other users (“User Content”) and you warrant and undertake that you own the intellectual property rights in and to all User Content or that you are otherwise entitled to submit the same to the page. You acknowledge and agree that we may, but are not obligated to, monitor the content (including the User Content) on the social media network page(s) and may delete or remove from the said page immediately without notice any User Content or any other content of whatever nature, for any or no reason, including without limitation, if such content in our absolute discretion is in breach of any of the rules or guidelines made available or in breach of these Terms of Use.

Social media is not a medium for conflict resolution or lodging complaints. Complaints should be sent to us at info@zingelaforwarders.co.za.

13. Service availability

a) 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.

14. Your status

a) By placing an order through our site, you warrant that:

b) You are legally capable of entering into binding contracts; and
i) You are at least 18 years old;

15. How the contract is formed between you and us

a) If you contact us and provide us with all relevant information, we shall forward you a quotation in respect of the Services we able to render. Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by Us to You are for informational 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.

b) 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.

c) After placing an order, you will receive an e-mail from us acknowledging that we have received your order.

d) 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.

e) 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.

f) 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.

g) 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 agreements 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.

16. Our status

a) 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.

b) 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 site, or from companies to whose website we have provided a link on our site, 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.

17. Reliance On Information Furnished.

a) 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;

b) 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.

18. Insurance.

a) Unless requested to do so in writing and confirmed to You in writing, We are under no obligation to procure insurance on Your behalf; in all cases, You will pay all premiums and costs in connection with procuring requested insurance.

19. Consumer rights

a) 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 25).

b) 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.

c) 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.

d) 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.

20. Availability and delivery

a) 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.

21. Risk and title

a) 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.

22. Price and payment

a) 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.

b) These prices include VAT however exclude delivery costs, which will be added to the total amount due as set out in our Order Confirmation.

c) Prices may change at any time, however changes will not affect orders in respect of which we have already sent you an Order Confirmation.

d) 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.

e) 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.

f) 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.

g) Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the Zingela Forwarders First National Bank bank account, the details of which will be provided on request

h) 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.

23. Customer details separate from card details

a) 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.

24. Merchant Outlet country and transaction currency

a) The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).

25. Responsibility

a) 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.

26. Privacy policy

a) 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).

b) For further information regarding our Privacy Policy, kindly see our Privacy Policy on the site or by clicking here: Privacy Policy

c) The Privacy Policy must the read as being incorporated into this terms and conditions.

27. Our refunds policy

a) When you cancel the Service:

i) within the seven-day cooling-off period: because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 19), 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.
i) after the seven-day cooling-off period: because you have cancelled the Contract between us after the seven-day cooling-off period (see clause 19), 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.

j) We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

28. Import duty

a) 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.

b) 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.

29. Written communications

a) 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.

30. Notices

a) 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 OR koos@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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

31. Transfer of rights and obligations

a) The contract between you and us is binding on you and us and on our respective successors and assigns.

b) 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.

c) 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.

32. Waiver

a) 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.

b) A waiver by us of any default shall not constitute a waiver of any subsequent default.

c) 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 14 above.

33. Severability

a) 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.

34. Entire agreement

a) 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.

b) 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.

c) 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.

35. Our right to vary these terms and conditions

a) 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.

b) 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.

36. Breach, Suspension And Termination

a) Kindly take note that it is within our discretion to determine whether there has been a breach of these Terms of Use through your use of our website. When a breach occurs, we may take such action as we deem appropriate, provided that we give reasonable notice to you.

b) We specifically exclude any liability for our actions taken in response to a breach of these Terms of Use.

c) All costs, charges and expenses of whatsoever nature which may be incurred by us in enforcing our rights in terms hereof including, without limitation, legal costs on the scale as between an attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable from you if the above rights are successfully enforced.

d) The obligations and liabilities of users incurred prior to the termination date of these Terms and/ or use of the services shall survive the termination of these Terms of Use for all purposes.

e) No relaxation or indulgence, by either one of us to the other, shall constitute a waiver of the rights of that person and shall not preclude that person from exercising any rights which may have arisen in the past or which may arise in future.

f) Any provision under these Terms of Use, which contemplates performance or observance subsequent to any termination, or expiration of these Terms of Use shall survive any termination or expiration of these Terms of Use and continue in full force and effect.

37. Applicable Law And Jurisdiction

Please note that these Terms of Use, its subject matter and its formation, are governed by the laws of the Republic of South Africa. The parties further agree to the exclusive jurisdiction of the North Gauteng High Court of South Africa (Pretoria), which shall have exclusive jurisdiction over any dispute that may arise from these Terms and Conditions.

38. Electronic Communication And Contact

a) Any data message sent by us to you shall be deemed to have been sent from the Premises (see clause 2 above).

b) A data message is deemed to be sent:

i) By us, at the time shown on such message, or if not so shown, at the time shown on our information system; and
i) By you, at the time when we confirm receipt thereof.

c) A data message is deemed to be received:

i) By us, only when an authorised representative responds thereto (excluding an automated response). Such acknowledgement does not give legal effect to that message, unless specifically indicated by us that it does and we have designated or used an information system for the purpose of receiving information or documents of the type sent, and when it enters our information system and becomes capable of being retrieved and processed by us; or
i) By you, once it enters your information system.

d) As provided for in terms of section 11(3) of the ECT Act, all information incorporated by the use of hyperlinks and/ or other methods of reference shall form part of these Terms of Use.

e) Attribution of data messages – You agree and warrant that any data message sent, from any computer or device that is owned by you or programmed by you, to us was sent by you.

f) Expression of Intent – use of our website: For purposes of electronic communications between you and us, no electronic signature is required. The mere browsing of our website demonstrates your intent to be a party to these Terms of Use.

39. Contact Us

a) Website functionality or any other recommendations: Send message to us or use our website’s communication facility at Contact ZINGELA.

a) Questions or queries about our services tournaments, events, campaigns, training and related activities, if and when made available by us: Contact us at info@zingelaforwarders.co.za.

b) Questions or queries about existing quotes: info@zingelaforwarders.co.za

c) Questions or queries about new quotes: info@zingelaforwarders.co.za

d) Complaints: We kindly request that you contact us first should you have any complaints or any other issues. It is important to us that you are satisfied with your enquiry. You may contact us at info@zingelaforwarders.co.za. Please ask for a reference number when you contact us to lodge a complaint. We will of course reply to your complaint as soon as practically possible, but wish to note that we stand under no legal obligation to resolve such complaint.

40. Legal Documentation or Notices:

a) Physical address: Clause 2 above.

b) Legal enquiry: please contact us at info@zingelaforwarders.co.za. If you have a legal enquiry, we will use the email address supplied by you on our communication facility to respond to your legal question (subject: “LEGAL”).

c) If we are required to send you any legal documents or notices you agree that we can send it via electronic mail to your email address, or by written communication by way of registered post to your address or if delivery to the aforesaid addresses is not successful, then such contact details we may find about you on the internet.

d) Any notice to you, or us, which is:

i) sent by prepaid registered post in a correctly addressed envelope to the address specified for it under clause 2 above shall be deemed to have been received, unless the contrary is proven, within 10 (ten) days from the date on which it was posted;
ii) delivered by hand, shall be deemed to have been received on the day of delivery, provided that it has been delivered to a responsible person during ordinary business hours; or
iii) sent by a data message to the addressee shall be deemed to be received as per clause 38 above.

e) Notwithstanding anything to the contrary herein, a written notice actually received by you or us, including a notice sent by telefax, shall be an adequate notice to it notwithstanding that it was not sent or delivered to the chosen address.

41. Definitions

a) Content means any information, content, images, video, audio, data, works of authorship, materials, software or technology which may be displayed on, incorporated into, underlying, or used to operate our website.

b) Data message shall have the same meaning attributed to it in terms of the ECT Act.

c) ECT Act mean the Electronic Communications and Transactions Act 25 of 2002.

d) Personal Information shall have the same meaning attributed to it in terms of POPI.

e) POPI Act means the Protection of Personal Information Act 4 of 2013.

f) RIC Act means the Regulation of Interception of Communication and Provision of Communication- Related Information Act 70 of 2002.

g) Services refers to our website and the services as reflected on our website and promoted via other sites of ours (if any), the services rendered by us to customers and/or members in accordance with service specific agreements and relevant service schedules, as well as the services of third-party affiliates and/ or service providers on our website. Also Clause 13 above.

h) Users mean users of our website (including you!) and the individual accessing or using the services, or the organisation, or other legal entity on behalf of which such individual is accessing or using the services, as applicable.

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Version: 1.03 (26.10.2026)