TERMS & CONDITIONS
WE DO NOT OFFER INSURANCE OR COMMERCIAL SETTLEMENT, CLIENT TO ARRANGE THEIR OWN INSURANCE.
This is a legal document which is the agreement between you, the Customer (hereinafter referred to as “you”, “your” or the “Customer” in this Agreement) and HALCON EXPRESS T/A HALCON EXPRESS (a Private Company, duly registered as such in terms of the relevant laws of the Republic of South Africa and having Registration Number 2014/280487/07 with its principle place of business situated at 71 Landmarks Avenue, Centurion. Gauteng.)
HALCON EXPRESS is an online portal that will allow the online booking of delivery of items and goods.
These Terms and Conditions should be read carefully. By browsing, accessing or using this website or by using any facilities or services made available through it or by transacting through or on it, you acknowledge and confirm that you have read all of the terms of this Policy and our Website’s Terms and Conditions, and that you understand, accept and agree to be bound by all the provisions contained in this Policy and the Terms and Conditions as contained on our Website.
Our Terms and Conditions set forth the terms you are bound to when using/accessing our website, including but not limited to usage, information, transactions, purchase, delivery, cancellation, dispute resolution and contact details.
These Terms and Conditions are reviewed from time to time and may be amended at our sole discretion, in whole or part, to ensure that it complies with Legislation enacted from time to time.
Therefore, by continuing to use or access our Website following any amendments that may have been implemented, it shall be deemed that you have agreed to such amendments. Accordingly, we recommend that you review this page frequently so that you are aware of any amendments. Should you wish not to be bound to the amended Terms and Conditions you may furnish us with written notice by fax or email to terminate this agreement.
Should we decide to amend our Terms and Conditions, we will post those amendments on this page and/or send an email notifying you of any changes (if we have your email address), and/or update the Terms and Conditions modification date on this page.
Our website i.e. www.courierdirect.com is owned, operated and directed by HALCON EXPRESS T/A HALCON EXPRESS (a Private Company, duly registered as such in terms of the relevant laws of the Republic of South Africa and having Registration Number 2014/280487/07 with its principle place of business situated at 71 Landmarks Avenue, Centurion. Gauteng..
We have referred to the aforementioned enterprise in this document as “The Courier Company”, “the Carrier”, “us”, “we”, or “our”.
We are dedicated, devoted and committed to keeping you informed of your rights and obligations in respect of the usage of our website and when transacting with us and accordingly our legal team has developed these Terms & Conditions.
The Terms and Conditions contained herein are in accordance with the Electronic Communications and Transactions Act No. 25 of 2002, the National Credit Act No. 34 of 2005, the Consumer Protection Act No. 68 of 2008, the Protection of Personal Information Act No. 4 of 2013 and all other applicable legislation enacted in South Africa from time to time.
1. “the Carrier” shall mean HALCON EXPRESS or any sub-contractor or agent appointed by it.
2. “Contract” shall mean any contract entered into between the Carrier and the Customer including waybills and this agreement.
3. “Customer” shall mean the party with whom the Carrier is contracting, and shall, unless the context indicates otherwise, include a reference to the owner of the Goods forming the subject matter of the Contract
4. “Goods” shall mean any movable Goods accepted by the Carrier from the Customer, and shall include containers or other covering or receptacle not supplied by the Carrier.
5. “Claim/s” means any claim of whatsoever nature;
6. “the Company” means HALCON EXPRESS T/A HALCON EXPRESS (a Private Company, duly registered as such in terms of the relevant laws of the Republic of South Africa and having Registration Number 2014/280487/07 with its principle place of business situated at 71 Landmarks Avenue, Centurion. Gauteng.
7. “Law” means any law of general application and includes The Constitution, The Common Law and any Statute (Legislation), Decree, Treaty, Regulation, Directive, Ordinance, By-law, Order or any other enactment or legislative measure of government (including local and provincial government) statutory or regulatory body which has the force of law within the Republic of South Africa;
8. “Person” means any Person, Company, Close Corporation, Trust, Partnership or other entity whether or not having separate legal personality;
9. “Party/Parties” means HALCON EXPRESS T/A HALCON EXPRESS and any other person/individual or entity that uses or accesses our Website and/or transacts through our website.
10. “Register/Registration” means create an account on our Website/the action of creating an account on our Website;
11. “Service” means all or any of the services provided by HALCON EXPRESS T/A HALCON EXPRESS via the Website or via other electronic or other communication from HALCON EXPRESS T/A HALCON EXPRESS, including but not limited to the information services, content and transaction capabilities on the Website and the ability to make a Purchase;
12. “Website” means The HALCON EXPRESS Website www.courierdirect.com and any auxiliary website supplementary to our main website.
13. any reference to –
1. the singular includes the plural and vice versa;
2. natural persons includes juristic persons and vice versa;
3. any one sex or gender includes the other sexes or genders, as the case may be;
4. any Law means the relevant enactment or legislative measure as at the signature date and as amended or re-enacted from time to time within the Republic of South Africa.
14. If any provision in a definition is a substantive provision conferring rights or imposing obligations on any party, notwithstanding that it is only in the definitive clause, effect shall be given to it as if it were a substantive provision in the body of the Agreement.
15. When any number of days is prescribed in this Agreement, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next day succeeding that day which is not a Saturday, Sunday or Public Holiday.
16. Where any term is defined within the context of any particular clause in this Agreement, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that the term has not been defined in this interpretation clause.
17. The expiration or termination of this Agreement shall not affect such of the provisions of this Agreement as expressly provided that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
18. The rule of construction that the contract shall be interpreted against the party responsible for the drafting or preparation of the agreement, shall not apply.
19. The use of uppercase or lower case shall not have any impact on the meaning ascribed to any term used in this Agreement, notwithstanding whether such term has or has not been defined in this interpretation clause.
2. TERMS AND CONDITIONS OF USE
By browsing, accessing or using this website or by using any facilities or services made available through it or by transacting through or on it, you acknowledge and confirm that you have read all of the terms of this Policy and our Website’s Terms and Conditions, and that you understand, accept and agree to be bound by all the provisions contained in this Policy and the Terms and Conditions as contained on our Website.
To transact on our Website or to enter into any legally binding transaction in respect of our Website or related thereto you, must be at least 18 (Eighteen) years old.
By entering into any transaction with us you confirm and consent that you are at least 18 (Eighteen) years old.
Should you be under the age of 18 (Eighteen) it shall be deemed that your parent/s or legal guardian/s have provided you with consent to enter into any transaction on our website and accordingly we shall not be held liable for any claim arising should we be mislead in this regard.
PREVENTION ON USE
We reserve the right to prevent you from using our Website in its entirety and to prevent you from making any purchases or entering into any transactions.
Should we decide to enforce our rights as stated hereinabove, you may request reasons for preventing you from using our website in writing within 5 (Five) days after so being prevented, which reasons shall be furnished to you within 14 (Fourteen) days from the date upon which your request has been received.
The use of the Website, Services thereon or entering into any transaction with us, does not include the provision of a computer or any other necessary equipment to access the Website, Service, making of any Purchase.
We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur when using our Website or to transact with us.
3. GENERAL TERMS
1. The Carrier is not and shall not be a public or common Carrier in relation to the carriage of the Goods forming the subject matter of this agreement, and it may refuse for carriage any Goods or class of Goods.
2. All and any business undertaken, including any advice, information or service provided whether gratuitously or not by the Carrier is and shall be subject to the conditions hereinafter set out and to the Contract, and each condition hereinafter shall be deemed to be incorporated in and to be a condition of any agreement between the Carrier and its Customer.
3. The Customer hereby authorises the Carrier to act as its agent and to enter into Contracts of Carriage on terms and conditions no more onerous to the Customer than the conditions contained in this Contract, with any other Carrier, Government Department or third party into whose possession or custody the Goods may pass or may need to pass, or subject to whose authorities the Goods may at any time be during the period of the Contract, subject to the provision that the Conditions contained in this Contract shall continue to apply and to govern the relationship between the Carrier or the sub-contractor and the Customer.
4. Goods are accepted subject to the conditions stipulated by all other Carriers and parties into whose possession or custody they may pass for the due fulfilment of the obligations of the Carrier.
3. QUOTATIONS AND CHARGES
1. All quotations by the Carrier shall be provided for on the website prior to payment.
2. Quotations, where given, shall be on the basis of immediate acceptance and shall be subject to withdrawal or revision by the Carrier.
3. If any changes occur in the rates of freight, insurance premium or other charges applicable to the Goods, quotations and charges shall be subject to revision accordingly with or without notice.
5. DESCRIPTION OF GOODS
1. The Customer shall provide to the Carrier prior to loading a full documented description of the Goods on the website. All relevant information pertaining to the goods should filled out accurately.
2. The Customer shall be deemed to be bound by and to warrant the accuracy of all descriptions, values and other particulars furnished to the Carrier.
3. The Customer hereby indemnifies and holds indemnified the Carrier against all losses, damages, expenses and fines which may arise and which may be claimed from the Carrier as a result of any inaccuracy or omission of description, values and other particulars in respect of the Goods.
4. The onus of establishing the condition of the Goods at the time of acceptance and delivery thereof by the Carrier shall rest on the Customer and the Consignee.
5. The Customer shall properly and accurately furnish to the Carrier the name and address of the consignee and also all documents of necessity must accompany the Goods as the Carrier may require.
6. The Carrier shall not be responsible nor incur any liability for any loss or incorrect delivery of the goods due to the name and address of the consignee being improperly stated and the Customer indemnifies the Carrier against all expenses, claims or fines arising from any inaccuracy or omission of descriptions, values or other particulars even if the inaccuracy or omission of descriptions, values or other particulars occur without negligence on the part of the Customer.
7. The Carrier shall not be liable for any loss in the event of delivery being effected to some person other than the consignee in the event of the consignee, or his agent not being present to receive and accept delivery of same.
6. DANGEROUS GOODS
1. No goods, including radioactive materials, which are or may become dangerous, inflammable or noxious, or which by their nature are or may become liable to cause injury or damage to any person, goods or property whatsoever, shall be tendered to the Company without its express consent in writing. The goods or container, package or other covering in which the goods are to be tendered to the Company or its agents shall be prominently marked on the outside so as to indicate the nature and character of the goods, and so as to comply with any applicable laws, regulations or requirements of any authority or Carrier.If any such goods are tendered to the Company without its written consent or without being marked as aforesaid those goods may at any time be destroyed, disposed of, abandoned or rendered harmless at the sole discretion of the Company and at the entire risk and expense of the Customer, without compensation to him or any other party, and without prejudice to the Company’s right to claim its charges or fees including the cost of destruction or disposal. Notwithstanding the acceptance of such goods with its express consent, the Company may nevertheless at its sole discretion destroy or otherwise deal the goods at the entire risk and expense of the Customer, without compensation to him or any other party, and without prejudice to the Company’s right to claim its charges or fees including the cost of destruction or disposal.
2. Whether or not the Customer was aware of the nature of the goods and whether or not the Company’s written acceptance thereof was obtained, the Customer shall be deemed to have indemnified the Company against all loss, damage or liability caused to or incurred by the Company as a result of the tender to and/or handling and haulage by the Company of such goods. Goods which are likely to harbour or encourage vermin or other pests shall be deemed to be dangerous goods.
7. COLLECTION AND DELIVERY
1. The Carrier will not be responsible for any loss or damage howsoever arising from or during the loading and unloading of the vehicle.
2. Without in any way limiting the generality of the foregoing, it shall be the express responsibility of the Customer to ensure that:
3. The Customer is satisfied that the Carrier’s vehicle is suitably clean for the purposes of receiving and conveying the Goods before loading of the Goods into the Carrier’s vehicle is commenced;
4. All Goods loaded shall be in such condition as to enable them to be freely off-loaded at the off-loading point; and
5. Suitable access and off-loading facilities will be provided at the off-loading point.
6. The Customer hereby indemnifies the Carrier and holds it harmless against all costs, expenses, claims, losses, damages or injuries to any person or property howsoever arising and whatsoever nature and whether direct or indirect arising out of or during the course of any such loading or unloading and including any costs, expenses, claims, losses, damages or injuries arising out of the contamination of any Goods whatsoever.
7. In the event of the consignee refusing to accept delivery of the Goods in whole or in part, or in the event of the Carrier being unable to effect delivery by reason of the address of the consignee being improperly or inaccurately stated:
8. And being compelled to return the Goods to the Customer, then the Customer shall be liable for all costs incurred in the return of such goods whether on the same basis as originally agreed upon or on any other basis whatsoever;
9. Or being compelled to dispose of such goods by reason of their perishable nature for whatsoever other reason, the Carrier shall not be liable for any damage to, or loss of such goods or any loss or damage arising out of the disposal thereof and the Customer shall be liable to the Carrier for all costs incurred in connection with the disposal of such Goods.
10. It is the Customer’s duty to be available and present at the collection address in order to ensure that the delivery item/s is/are collected to be delivered to the Consignee as per the instructions provided on the order form. Should the Customer fail and/or neglect to be available at the collection address as provided, the Customer hereby indemnifies the Carrier and the Carrier shall not be held liable for all costs, expenses, claims, losses and/or damages which arises as a result of the non – collection of the goods to be delivered.
8. LOADING AND UNLOADING
1. All loading and unloading shall be carried out by the Customer and its servants, and the Company shall be under no obligation to provide any plant, power or labour which may be required. Any assistance given by the Company in loading or unloading shall be at the sole risk of the Customer.
9. TRANSIT AND STORAGE
1. In the absence of a written agreement to the contrary it shall at all times be at the sole discretion of the Carrier to decide at what time and in what manner to perform any or all of its obligations in terms of the Contract.
2. The Carrier shall not be liable for any delay or detention of the Goods or for any loss, damage or deterioration therein, unless the date and time for delivery of the Goods is expressly stipulated as being of the essence of the Contract. In such event, the Carrier shall not be liable for any such loss, damage or deterioration unless such delay or deterioration is attributable to wilful default or gross negligence on the part of the Carrier or its employees during the scope and course of their employment.
3. The Carrier does not accept any responsibility for demurrage charges howsoever incurred.
4. Goods left upon the Carrier’s vehicle for any reason to suit the convenience of the Customer are held at the sole risk of the Customer as the case may be, pending forwarding and delivery and such Goods may be warehoused or otherwise held at any place or places at the sole discretion of the Carrier at the Customers risk and expense.
5. Demurrage will be payable at a rate to be specified by the Carrier on all vehicles detained beyond a reasonable period from whatsoever cause.
6. If the receiver of the Goods refuses to accept them or the Goods remain uncollected for a period of more than 7(seven) days, without prior arrangement, the Goods will be returned to the sender who accepts responsibility for all costs incurred.
7. The Carrier reserves the right to dispose of unclaimed Goods as envisaged in this clause
8. After a period of 10 (Ten) days in order to defray expenses. Any monies collected will be set off against amounts outstanding but will not limit the Carriers rights to the balance outstanding.
1. The Carrier may, at its discretion, and only if requested to do so in writing by the Customer, effect insurance on any Goods being handled, transported or stored by it.
2. Any claim brought by a Customer against the Company in respect of duties and liabilities must be notified by the Customer to an office of the Company in writing within seven (7) days of the date of despatch of the documents or goods from the Customer.
3. All claims shall be subject to an excess as determined by the Carrier’s insurance broker.
4. Any such insurance effected by the Carrier shall be subject to the usual exceptions, conditions, terms and provisions of the policies of the insurer or underwriter assuming the risk.
5. The Carrier shall not be under any obligation to effect a separate insurance on each consignment but may declare it on any open or general policy as the case may be, and the Customer shall be obliged to pay all charges incurred by the Carrier and associated with the effecting of such insurance.
6. Should the insurer dispute liability for any reason whatsoever, the insured, being the Customer, shall have recourse against the insurer only and the Carrier shall not be under any liability in relation thereto, notwithstanding that the premium upon the policy may not be at the same rate as that charged by the Carrier or paid to the Carrier by the Customer.
7. Where the Customer has informed the Carrier that it has its own insurance cover then it is deemed that the Carrier is released from all liability in the event of the loss or damage of the Goods whilst in the custody of the Carrier and/or in transit.
11. VIS MAJOR
1. Notwithstanding anything to the contrary contained herein, the Carrier shall not be liable in any way whatsoever in the event of it being prevented from fulfilling its obligations in terms of the Contract by any act of God, vis major, casus fortuitus, damnum fatale, an inherent defect, vice or weakness or some action of the Goods themselves, civil riot or commotion, labour unrest amongst the Carrier’s employees, inevitable accident, an act of State, enemies or any inevitable superior force or any other cause beyond the control of the Carrier.
12. LIMITATION OF LIABILITY
1. All Goods handled shall at all times be at the risk of the Customer or owner of the Goods.
2. The Carrier shall not in any circumstances be liable for the loss of or damage to goods as well as for any consequential loss or damage arising out of the carriage of the Goods or custody of the Goods in terms of this contract, from whatsoever cause, howsoever arising, including the negligence of the Carrier’s employees, unless such loss or damage or consequential loss or damage occurs whilst the Goods are in actual custody of the Carrier and under its actual control and unless such loss or damage is due to the wilful acts or default of the Carrier or its employees in the course and scope of their employment.
3. In circumstances where the Carrier is adjudged by an authority having competent jurisdiction to be liable for the loss of or damage to Goods, the liability of the Carrier shall at all times be limited to the actual loss of or damage to Goods as set out below, subject to the provisions of this clause 12.
4. The Carrier accepts liability or direct loss or damage to the Customer’s Goods subject to the following conditions:
1. The liability of the Carrier shall be limited to a maximum total of no more than R500 (five hundred rand) per consignment.
2. The Carrier shall not be liable for any loss or damage until the Customer has established and proven that such loss or damage was caused by the wilful acts or default of the Carrier or any of its employees during the course and scope of their employment.
5. The Carrier shall not in any circumstances be liable for:
1. Any loss or damage whatsoever caused by the hazardous, perishable, fragile or brittle nature of goods, nor for the mechanical derangement of the goods; and/or
2. The scratching, cracking, denting, chipping, bruising or breakage or other loss or damage to inadequately packed goods handed to the Carrier for consignment; and/or
3. Any loss, damage or expense arising from or in any way connected with marks, weight, numbers, brands, contents, quality or description of any goods; and/or
4. Any duty, tax, imports or outlays of whatsoever nature levied by the authorities at any port or place for or in connection with the goods, and for any payments, fines, expenses, loss or damage incurred or sustained by the Carrier in connection therewith.
6. The Carrier shall not accept liability for the transport of any bullion, coins, precious tones, jewellery, valuables, antiques, pictures, bank notes, securities and other valuable documents or articles, livestock, perishable goods, plants, glass, earthenware, china, asbestos cast cement, marble or plaster products unless special arrangements have been made in writing prior to the commencement of the transport.
7. The Carrier shall not be liable for any delay occasioned by compliance with an instruction issued by the police or any competent authority, but any extra cost incurred by the Carrier as a result of compliance with any such instructions shall be added to its charges.
8. None of the servants or agents of the Carrier or its sub-contractors shall be under any liability whatsoever to the Customer, and the provisions of this clause are stipulated for the benefit of those persons.
9. Any loss or damage to the Goods transported must be recorded on the Carriers delivery documentation at the time of the delivery as proof of the loss or damage. In the absence of this record, no claim whatsoever shall be enforceable against the Carrier.
10. The Carrier will not accept any unqualified or unchecked endorsement on the Carrier’s delivery documentation as proof of any loss or damage.
11. Any loss or damage to the Goods transported must be reported to the Carrier in writing within 7(seven) days of the date of delivery. Such writing must contain precise details of the nature and extent of the loss or damage suffered by the Customer. Endorsements or notes on the Carriers delivery documentation will not amount to compliance with the requirements of this clause. In the absence of such notification, no claim of whatsoever nature howsoever arising shall lie or be enforceable against the Carrier.
13. TERMS OF PAYMENT
1. Unless prior arrangement has been made in writing, all accounts are due and payable prior to the collection and delivery of any goods through the websites secure payment gateway.
14. CARRIERS LIEN OVER GOODS
1. The Carrier shall have lien over all Goods as security for all monies owing for the handling of the Goods.
2. In addition the Carrier shall be entitled to hold all Goods as security for any other monies which may be owing to it by the Customer from any cause whatsoever or which may become owing to it by the Customer.
15. DETENTION OF CARRIERS VEHICLE
1. The Customer shall be liable for any unreasonable detention of the Carrier’s vehicles, containers, equipment or the like caused by the Customer (or owner) or such Customer or owner’s goods as the case may be, but the Carriers rights against any other person shall remain unaffected.
1. The conditions set out herein shall govern all contracts concluded between the Carrier and the Customer, including prior and future contracts and no alteration, cancellation, variation of, or addition hereto shall be of any force and effect unless reduced to writing.
2. This document contains the entire agreement between parties and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.
3. No indulgence, leniency or extension of time which the Carrier may grant or show to the Customer, shall in any way prejudice the Carrier or preclude the Carrier from exercising any of its rights in the future.
4. These conditions and all agreements made by the Carrier with its Customers wherever made shall be governed and construed according to the laws of the Republic of South Africa and shall be subject to the exclusive jurisdiction of the South African Courts.
5. The Customer hereby consents to the jurisdiction of the Magistrate’s Court having jurisdiction, subject, however to the Carrier’s right to proceed in its discretion in any High Court having jurisdiction.
6. The Customer appoints its address as reflected on the website detail form as its domicilium citandi et executandi for all purposes relating to this Agreement, and shall immediately notify the Carrier of any change of such address.
7. In the event of the Carrier instructing its attorneys to recover monies from the Customer, the Customer shall be liable for and shall pay all legal costs incurred by the Carrier on an attorney and client scale, inclusive of collective commission.
8. Notwithstanding any prior dealings between the Carrier and its Customer, all documents and other matter sent to the Carrier through the post shall be deemed not to have been received by the Carrier unless and until they are actually delivered to the Carrier by the postal authorities, or placed in the Carrier’s post office box, if so addressed.
9. The Carrier shall have no obligation to take any action in respect of any Goods which may be recognisable as belonging to its Customers, unless it has received suitable instructions relating to such Goods together with all necessary documents, in particular, the Carrier shall not be obliged to notify its Customers of the existence or whereabouts of the Goods or to examine them or to take any other steps for their identification, protection, or preservation or for the preservation of any claim by their Customer, or any other party against the Carrier, insurer or any third party.
17. SECURITY POLICY & PROTECTION OF PERSONAL INFORMATION
1. We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
2. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep any information contained therein confidential.
3. After a transaction has been concluded, your private information (credit cards, financials, etc.) will be kept on file or stored on our database for a period not exceeding 3 (Three) years after it is last accessed or used by us.
4. Data transmission over the internet can never be warranted to be entirely secure. Whilst we may take all reasonable steps and precautionary measures to safeguard your personal information, we may be unable to prevent unauthorised access to such information by third parties or inadvertent disclosure of such information during transit and we are not responsible for any actions taken by such third parties. You acknowledge and accept taking this risk when communicating with and transacting on our Website.
18. INTELLECTUAL PROPERTY RIGHTS
1. All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the “look and feel” and other visual or non-literal elements) whether registered or unregistered) in the Website and Service, information content on the Website or accessed as part of the Service, any database operated by us and all the website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property or that of our licensors.
2. You shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
3. None of the material listed may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission.
4. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
5. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our written permission.
6. All rights (including goodwill and, where relevant, trade marks) in HALCON EXPRESS T/A HALCON EXPRESS are owned by us (or our licensors).
7. Other products and company names mentioned on the Website are the trade marks or registered trade marks of their respective owners.
8. Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.
9. The authors of the literary and artistic works in the pages in the Website have asserted their moral rights to be identified as the author of those works.
10. Any material you transmit or post or submit to the Website (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation.
11. If for any reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.
12. All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the Website; (in each foregoing case, these are called “Ideas”) shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
19. THIRD PARTY LINKS & ADVERTISEMENTS
1. Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore take no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
20. ELECTRONIC COMMUNICATIONS
1. The email address/es which you provide for order processing and/or registration, may be used for one or more of the following purposes:
1. To send you information and updates pertaining to your order or use of our service;
2. To send you information pertaining to your account details and/or status;
3. To send you occasional news, updates, related to our Website;
4. To send you promotional emails;
5. To offer you additional services related to HALCON EXPRESS T/A HALCON EXPRESS;
6. To remind you of the services we offer.
2. Kindly note that If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email as well as an account review in which you may specifically indicate as to which communications you would like to receive and those which you would elect to exclude.
1. In the event that any of the clauses of this agreement/terms and conditions are found to be invalid, unlawful or unenforceable, such clause(s) will be severable from the remaining clauses of this agreement/terms and conditions, which will continue to be valid and enforceable. If any invalid clause is capable of amendment to render it valid and enforceable to achieve the same objective as the invalid clause, the Parties agree to negotiate an amendment to remove the invalidity.
22. NOTICES & DOMICILIA
1. The Carrier hereby selects its domicilia citandi et executandi for the purpose of legal proceedings and for the purposes of giving or sending any notice provided for or necessary in terms of these terms and conditions, the following address –
1. The Carrier: HALCON EXPRESS T/A HALCON EXPRESS
2. O BOX 3768, THE REEDS, 0158Email address: email@example.com
Telefax: 086 661 1237
or such other address or telefax number as may be substituted by notice given on the website as required. The Carrier will be entitled from time to time to vary its domicilium by written notice on the website to any other address within the Republic of South Africa which is not a post office box or poste restante.
Telefax: 086 661 1237
or such other address or telefax number as may be substituted by notice given on the website as required. The Carrier will be entitled from time to time to vary its domicilium by written notice on the website to any other address within the Republic of South Africa which is not a post office box or poste restante.
3. Any notice addressed to the Carrier/Customer at its physical or postal address will be sent by electronic mail.